BIRD THEFT – COVERED LOSS?

 

Bird Day is celebrated on January 5th in the USA and Canada. World Migratory Bird Day is celebrated on the Second Saturday in May (May 14, 2022) and the second Saturday in October (October 9, 2022). These celebrations hope to alert people to the dangers these remarkable creatures face in our modern world (air and light pollution, loss of nesting grounds, and pesticides to name a few).

But, as with people, there is a dark side to the bird world; they are diligent and very clever thieves. And, no, these thefts are not just limited to that french-fry you were hoping to have with your lunch in the park. Birds have stolen valuable jewellery and even money on occasion.

In 2008 an owner reported money was being stolen from the coin dispensing machine at his carwash business. A hidden video camera was installed which revealed that crows were entering the machine through the opening were coins were dispensed and emerging with quarters in their beaks. Personal observation indicated the crows were often flying directly to the roof of the carwash. A search of the roof lead to the recovery of approximately 4,000 quarters. See: (Mark Frauerfelder, August 13 2008, Birds stealing coins from car wash?, March 23, 2022).

The ISO Commercial Crime Form CR 00 21 06 provides in part, “2. Additional Exclusions Applicable To Specific Insuring Agreements, Insuring Agreements A.3., A.4. and A.5. do not cover: (4) Money Operated Devices Loss of property contained in any money operated device, unless the amount of "money" deposited in it is recorded by a continuous recording instrument in the device.”  Assuming the coin dispenser at the carwash met this requirement and the owner claimed a loss of $7,500.00 after recovery f the 4,000 quarters, is the loss covered? Also, how do you pursue recovery from a crow?

While you are pondering these ponderous coverage questions, here are just two other interesting facts about birds:  (1) the common Swift is believed to have the longest migratory flight in the world of approximately 14,000 miles from the UK to their winter home in Sub-Saharan Africa; and (2) some common Swifts can stay airborne for up to 10 months and sleep while gliding down from higher altitudes See:(Gertie Goddard, October 27, 2017) Swifts stay airborne for months straight.