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.
Cunningham Dalman, PC publishes this web site and its component parts to inform users about our firm, our attorneys and general new developments in the law. The web site and blogs are not intended as legal advice on any matter. There are many factors that may affect your situation. You should not act or refrain from acting because of information found here without first seeking appropriate legal or other professional advice from someone who is familiar with your particular circumstances.
In the operation of this web site and our blogs, we do not intend to create an attorney-client relationship with you and no such relationship shall be created by your use of this web site. Such a relationship can only be established to the extent an attorney at Cunningham Dalman, PC expressly agrees to undertake the relationship. Please do not communicate to us any information you regard as confidential unless and until we have established a formal attorney-client relationship with you. Any information you send to us before we establish an attorney client relationship may not be privileged or confidential. Information you send to us over the Internet may not be secure.