Court Cases There are only a handful of court cases thus far to provide guidance on marijuana-related claims. Johnston provided summaries of somekey cases. In a 2013 case (Tracy v. USAA), the claimant in Hawaii wanted USAA Insurance to pay $45,000 for the loss of 12 legal medical marijuana plants stolen from her home. The policyholder cited the trees, shrubs and other plants clause. But USAA got the federal district court to agree that the plants are illegal under federal law and thus not covered In 2013, Nationwide Insurance paid a $160,000 claim by a Michigan homeowner policyholder whose house burned down. Several months later, the insurer sought to recover the money (Nationwide v. Kasey McDermott) it paid after it found out that the fire was caused by her live-in boyfriend who operated a butane honey oil lab in the basement to create a concentrated form of marijuana for his patients. The fire was caused when he lit a sample for himself. Nationwide argued several grounds for denying the claim including that the manufacturing facility in the home was illegal, that the insured misrepresented the use of the property, that it fell under the increased hazard and intentional acts exclusions, and that there was no accidental direct physical loss to property.
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