UP IN SMOKE

Just because someone who lives in your home has a medical marijuana card, your insurance company does not have to provide coverage for a “toker” fire. Sadly for Mrs. HomeOwner, her husband burned their home down while smoking dope. He had a medical marijuana card and was legally able to grow a limited number of plants for use by other card holders. The fire was caused by butane which was being used to process the plants into marijuana oil. Highly flammable, the butane caught fire during the processing as a result of Mr. HomeOwner sampling his own crop at the time.

Their insurance company denied their claim on the basis that the growth and processing of plants in the basement had not been disclosed to it when the HomeOwners purchased an insurance policy.

The Court of Appeals agreed, noting that two rooms in the basement had been converted for use in the operation and that substantial amounts of money had been invested in the processing equipment.

Home businesses can create insurance problems for you. Please contact one of our insurance attorneys if you have a home business and we will be happy to answer your questions.

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