Hello everyone;

I would like to hear your opinions on this situation and any advice that you would share would be great.

Last spring while working claims in Columbia, S.C., my hotel room was burglarized.  When I reported it to the hotel, the night clerk informed me that there was a key missing to my room.  ( it's a ving key not a "swipe" key).  The police came and made a report and noted that there was no forced entry into the room.  The next morning the Manager also agreed that a key was missing to the room that I was staying in and would turn the claim into their insurance company which is Zurich.

I spoke with the adjuster at Zurich in August.  She stated that whe had just recieved the claim (although it was supposedly filed in June).  She has a copy of the police report as well.  She then stated that in South Carolina there is a Innkeepers Statute and the insurance would only pay $500.00 unless the insured was neglegent.  I explained the situation to her and said that because the hotel had the responsibility of care, custody and control of any extra keys for the room that they were indeed neglegent in this situation.

After not hearing a word from the adjuster, I left 3 messages that went unanswered.  I then sent an e-mail, requesting that she phone me and requsted the physical address to send my receipts to.  She did call the next morning and stated that I had not left her any messages and she will not be paying my claim.  ( this was in December)

Now, it's March.  The adjuster for Zurich stated that there is no "appeals process" and that her word is final.

I would also like to add that I have police report dating back to 10/05 through 7/06 that leaves no questions that this is an on going problem with this particular establishment.

Now my question to you all is, what would you do to reslove this?  If I hire an attorney the case would have to be filed in S.C. and I live in Texas.  If I file with my homeowners, the deducible is 1K.

Sorry this is so long, I am just frusterated at not being able to resolve it.

Thanks in advance for any insight.

Wendy

Its been many years since I have worked an Inn Keepers Liability claim .

This is a liability policy and you would have to prove negligence on the Inn.  I would take the $500.00 if its still offered. Sounds like Zurich made an attempt to settle on a take or leave basis.  A very common practice. 

**PS if the police reports show the same room has had thefts since 05 and the lock has not been changed out; thats a good case of negligence.

PS 2 Its a dirty job, but your homeowners owes you a duty to investigate, BUT do they owe you a full investigation EVEN though the loss is less than $1,000.00 deductible. IF the loss is greater,then a full subrogation investigation will be coming down.... and you will get a theft claim *** (hickey) good luck.

Thanks guys,  after I read my post and the following answers I realized I did not make the question I was seeking advice on clear. 

The problem I am having is proving negligence.  In my mind, the fact that the manager and staff acknowledge that they "lost" the extra key to my room for a minimum of 12 hours, and that there has been an ongoing problem with employee theft; seems clear to me to be negligence.  What am I missing? 

Thanks again for your help.

Wendy

Wendy: You have an Inn Keepers liability policy. Prove you case of negligence and you can collect the whole ACV loss.  But its not that simple to PROVE.  As I recall this contract between the insuror/insuredhas a bailee clause of $500.00  limit  without  the strict negligence proof (jury trial-adjudication).

The next move is up to you or the hotel to dig down and pay out of their good will fund, or the liability adjuster to agree with your theory  of liability..  Keep the dry wheel turning.

Its a very good plan to insure you hardware for a specific amount for off premisis losses.