It's my understanding that peace keepers are more likely to deem a complaint as civil rather than criminal for a myriad of reasons. In that light, although it appears from my research that the wrongful sale of my belongings by a storage facility owner was LEGALLY defined as a theft in the WA RCWs, the deputy recorded it as a civil issue rather than a criminal issue. I am being denied coverage on my insurance claim "because the police department are considering it a civil case so it doesn’t meet the definition of a theft". The policy states "Losses Insured: Theft, including attempted theft and loss of property from a known location when it is probable that the property has been stolen."
This is not a criminal law question. You should direct your questions to attorney's that handle civil matters including contract and/or insurance law. Good luck.
It will depend on the contract language. You need an attorney to sit down and read your entire policy and possible file a claim with the Insurance Commissioner for bad faith.
The police have merely stated their opinion that they don't see how to prosecute for a criminal act.
Your dispute is with either the storage facility or your insurance company, or both- sue one or the other or both and have the dispute heard in court.
(I'm guessing that you did not pay your rent on time so the storage facility exercised a contractual right to sell the goods?)
This is a general Q&A Forum for discussion purposes only. Anything read here should be considered marginal information at best. It would be foolish to make important decisions based on this information. Real-life legal decisions are important and should not be trusted to the free-flow of thoughts on the internet. If you need assistance, hire a professional who can listen to all of the facts and help you make informed decisions.
You might have a claim against the storage facility if you truly believe your materials were auctioned off as a result of negligence. Their insurance company would then decide whether there was liability or not for the unit's actions.
Your post does not address the crux of the problem. Whether or not the storage fee was paid and what the contract stated. Those are the issues that are the crux.
Your policy can certainly be reviewed by a local insurance lawyer who can investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
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