What is the definition of "in and upon" vehicle?

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PostPosted: Fri Apr 06, 2018 7:31 am   Post subject: What is the definition of "in and upon" vehicle?  

I had a new after-market air conditioning kit stored in a Rubbermaid tote (opaque) behind the seats in my 93 Nissan pickup. It cost me almost $1800. My pickup was broken into and the air conditioning kit was stolen, among a few other things. My renter's policy excludes motor vehicles including accessories, equipment and parts - but only if they are "in and upon" the vehicle.

I'm arguing with my insurance company as they denied coverage because the air conditioning kit was in the vehicle to be installed in the vehicle, and because it could only to be used on my vehicle. They have approved the other items stolen from the truck.

This doesn't make sense to me. I believe it's personal property that should be covered, as it hadn't been installed "in or upon" the vehicle yet. My interpretation of the policy, is that it means to exclude things like stereo faceplates or speakers or tonneau covers that have been attached to the vehicle.

Also, the statement that this kit was only intended for my vehicle doesn't make sense to me. It can be used in any 93 Nissan pickup, plus other years and other models, such as the Pathfinder. Even still, this reason seems really baffling to me. If I had custom made shoes, wouldn't those be covered?

In the exclusions for electronic equipment, the exception is for items that can be plugged into the vehicle, but then unplugged and detached, basically. While items that are excluded are those that only work while installed and connected to the vehicle's motor. So, my understanding of that would be an Iphone plugged in and used for music through the car speakers, but also works as an Iphone when detached from the vehicle, would be covered. While the installed stereo itself would not be covered, as it can't work without staying installed and attached to the vehicle's motor.

So, this also makes me think that the definition was intended to mean that anything that is attached or installed in or upon the vehicle, therefore becoming part of the vehicle, are the things that should be excluded. And since the air conditioning kit had not been connected to the vehicle yet, it should be considered personal property and should be covered.

I haven't been able to find the definition of "in or upon" by searching the Internet. I found your forum and was hoping for opinions from some experts.

I was initially told by the insurance company that this kit would be covered because it hadn't been installed yet - when I was going to be moving and I'd inquired about coverage while moving. I relied on that information and so I kept the kit in the vehicle rather than put it inside my apartment, as it's huge and heavy and it made sense to just keep in the truck, since I was told it was covered.

I told the claims person assigned to me all of the above, and asked her to go back to her supervisor (who she said told her to deny the a/c kit) and ask her to review the exclusion again, and if she still wanted to deny coverage, that I want the info on how to formally appeal the denial.

That was yesterday, so it's possible they'll change their mind and cover it. But, I'd like your opinions. Thanks.

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