The Police Shot My Heating Oil Tank (and a Burglar)

In the middle of the night, a burglar broke into the policyholder's house. Nearby police arrived, and the suspect was apprehended. Debbie filed a claim for the police's bullet holes in her house and cleanup of heating oil spilled when a bullet hit the tank.   Notable Timestamps [ 00:15 ] - The bullet holes were all from police guns. 150 gallons of heating oil spilled in the basement. [ 01:40 ] - Heating oil tanks are most commonly found in what region of the United States? [ 03:30 ] - Tim reads through the Pollutants exclusion. Heating oil is most likely going to be considered a pollutant. [ 04:45 ] - When pollutants are released, it's usually caused by something else. This policy narrows down the analysis by listing the perils covered in Coverage C. [ 05:55 ] - Let's run through the Coverage C perils... how about explosion? There was a trial-level court case from Pennsylvania in the '90s that held a gunshot could be considered an explosion for the named peril. [ 07:55 ] - "Riot and civil commotion" probably envisions multiple people, or at least a larger area. [ 09:00 ] - Is it finally time for malicious mischief? No, it was the bullets from the police, and they were not causing the mischief. [ 09:30 ] - The peril for theft includes attempted theft, so this peril is a possibility. [ 10:45 ] - "Sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system"... was the heating oil tank part of the hot water heating system for the home? [ 12:00 ] - Volcanic eruption? Probably not, but it is valuable to step through the policy to look for coverage. [ 13:13 ] - The governmental action exclusion applies to the destruction of covered property by order or governmental or public authority. [ 14:00 ] - "Order" usually means a search warrant, or something more formal than what occurred in this scenario. [ 14:45 ] - If the police officer's conduct exceeds the scope of the warrant, that may fall outside of the exclusion as well. [ 16:15 ] - Tim provides a recap of the scenario and the points above. Your PLRB Resources Coverage Question: Governmental Action Exclusion – Raid Pursuant to Warrant - https://www.plrb.org/documents/governmental-action-exclusion-raid-pursuant-to-warrant-pcq-2023-04-30-twh-a/?search=governmental%20action Coverage Question: Governmental Action or Civil Authority Exclusions Not Applicable Where Damage from Apprehending Suspect - https://www.plrb.org/documents/governmental-action-or-civil-authority-exclusions-not-applicable-where-damage-from-apprehending-suspect-pcq-2020-08-18-eks-a/?search=governmental%20action Annotation: Pollutants; Smoke from Industrial Operations (HO131) - https://www.plrb.org/documents/pollutants-smoke-from-industrial-operations-ho131/ Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to [email protected].  Sponsorship PLRB thanks Alacrity Solutions for its Diamond Sponsorship of the 2025 Claims Conference. "Insurance Claims Made Easy — Streamlined claims, repairs & recovery services built for speed. Trusted nationwide partner for insurance carriers & policyholders." Visit alacritysolutions.com! Legal Information The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).