Legal Question in Credit and Debt Law in Virginia

My son was burglarize when he was away from home. He had just left to take his girlfriend to the airport and returned to find that his TV along with a few other items had been stolen. His roommate was still asleep upstairs. He immediately called the police. Since the sliding glass door was closed and had been all night and was now open, the police determined that the premises was entered into via the sliding door as it now was open and unlocked. My son nor his roommate could say whether they remember locking it that night. It was still determined a burglary and states as such on the police report.

At the time of the TV purchase, my son also a Debt Cancellation Agreement with a furniture store. He was told by the store to file out a claim which he did. The claim as since been denied due to the following statement under the Loss or Destruction of Eligible Property portion - Burlgary is the felonious abstration of the property from the place identified in the loan agreement, where there are visible signs of forced entry to the exterior of the premises, and a police department report is submitted stating that there were visible signs of forced entry to the premises.

As there was unlawful entry into the premises which from the VA state laws constitutes burlgary, can they deny the claim solely based on "visible signs of forced entry"? Would this be something he should fight?

In addition, when he called to check on this claim, they said it was still being processed and someone would contact him. He never received a call or letter stating his claim had been denied. He found out when the furniture store called him to say he was late on his payment.


Asked on 11/17/10, 7:54 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, I believe that that they can under the terms of the agreement, i.e., the indicies of forced entry into the unit apparently referenced in the police report of the incident and the evidence from an inspection of the exterior of the premises indicative of a "felonious asportation (taking away) of the property identified in the loan agreement" would be sufficient for the store to cancel the agreement on the grounds that the property, having been the subject of an apparent burglary, no longer would qualify.

Perhaps, your son could make a claim for his losses under a renter's or home owner's insurance policy if he happens to have either of such coverage.

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Answered on 11/25/10, 1:59 pm


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