Bobcat Marina operates a marina and dock in a resort area. Because its owner was cautious, it

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Bobcat Marina operates a marina and dock in a resort area. Because its owner was cautious, it wanted to purchase the "widest possible insurance policy." After discussing its needs with Lloyd's of London Insurance Co, Bobcat purchased a policy that contained two important paragraphs:

  • You are insured against physical loss of or physical damage to the equipment, buildings, and contents specified in Section 2 of the Certificate if they are accidentally lost, stolen, destroyed, or damaged during the Period of Insurance other than by an excluded cause.
  • You are not insured against loss or damage caused by theft or malicious damage to property unless such property is contained in a securely locked building.

Other sections of the policy defined the terms "equipment," "buildings," and "contents" that appear in paragraph 2.1, but the policy does not define the word "property" that appears in paragraph 2.2. In addition to its dock, Bobcat's business premises also contains a large number of items, ranging from deck chairs, batteries, and picnic tables, to ice machines, gas pumps, and boat racks.

Late one night, a disgruntled ex-employee of Bobcat broke into the marina, vandalized several pieces of equipment, and drove the company's forklift off its dock and into the water. The dock and the forklift suffered extensive damage. Lloyd's insists that the resulting losses are not covered by the insurance policy because, contrary to the exclusion clause in paragraph 2.2, the forklift was not "contained in a securely locked building." Is Bobcat Marina entitled to be indemnified for the damage caused to the dock and the forklift? Explain your answer.

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Related Book For  answer-question

Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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