Can you collect from both a service contract and homeowner’s insurance?

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Can you collect from both a service contract and homeowner’s insurance?

I bought a laptop with a service contract. The computer was stolen. I have homeowners insurance. Can I replace the laptop with the service contract and still collect on the homeowners?

Asked on February 3, 2011 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking a service contract is for service to the lap top in case it malfunctions in any wayor it generally needs to be repaired.  It replaces parts that are worn or not working.  It does not replace the laptop when it is lost or stolen.  You could most likely collect under your home owners insurance policy.  Try and come up with the receipt for the laptop. You may not get the full amount depending on how old it is.  And by the way, if the service contract did allow for replacement under these circumstances you could not collect twice for the same item.  You would be "unjustly enriched" under the law.  Good luck to you.


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