Your choice, Our expertise
Search
Close this search field.
Search
Close this search field.

Theft by deception is not always guaranteed

Theft by deception, different from theft by falsehood, must be demonstrated. I dealt with 2 practical cases this week during my tour in the Cannes area which led me to reread precisely the guarantees that may or may not apply according to the insurance contracts.

Theft by deception must be demonstrated by a body of evidence 

Example of the materiality of the facts demonstrated by the circumstances

Mrs. X, aged 80, opens the door to a man who inspires confidence and who introduces himself as Xx. The post office had delivered a package to her by mistake because of a very similar surname. The thief asks the unsuspecting elderly victim to wait with him on the balcony while he phones his mother who is looking for a parking space that cannot be found.

1 hour later, the same individual calls Mrs X back pretending to be a policeman who would have found her identity papers.....

The circumstances demonstrate the end-to-end ruse that took place by an accomplice while she was on the balcony.

and, a bundle of evidence,

The criminals used a bank card stolen from several ATMs, far away from the insured's home, which may be an element of proof of the theft.

then, theft by deception can be guaranteed in some insurance contracts.

If the thief is invited into the home,

The course of events is more ambiguous

One Saturday, Mr. Y, a young retiree, receives a visit from a person who declares himself to be a "passing antique dealer. The insured, put in confidence, sells him some objects and accepts an immediate transaction. Staying alone for a while, the supposed "antique dealer" took the opportunity to be in a room where he was not invited.

The theft of the jewelry was not discovered until two days later when the insured realized that the thief had not returned for the rest of the reserved goods, according to the victim.

and, the absence of coverage for theft of an employee will be likely.

We can only take the insured's word for it that he had a misadventure, but with no assault or break-in noted, we can only express a reservation on the application of the guarantee. The individual did not make use of a false quality since a commercial transaction did take place. The insurance policy does not cover this situation.

Always the same known scenario

In conclusion, several stories allowing theft by deception come up regularly. As a preventive measure, it is good to remember common sense advice. The neighbor's plumber who asks you to check that the kitchen faucet is running, the young girl's discomfort in the elevator, the door-to-door canvassing for charities are all pretexts for breaking into the home and leaving the door open for an accomplice.

In conclusion, do not hesitate to ask for a business card and be more vigilant before letting an unknown person enter your home under false pretenses.