cannabisnews.com: Pot Seizure Brings Insurance Reimbursement





Pot Seizure Brings Insurance Reimbursement
Posted by FoM on September 03, 1999 at 17:17:07 PT
By Edgar Sanchez
Source: Sacramento Bee
Robert DeArkland may be the first Californian ever reimbursed for seizure of his marijuana by police.
The 71-year-old Fair Oaks resident received $6,500 from his insurance firm after proving his pot was medically authorized.The payoff has angered some sheriff's deputies and surprised many insurance officials. But DeArkland maintains he deserved it."I knew I had it coming," he said this week after getting the check from CGU California Insurance. "They gave me $500 per plant, the highest amount possible under my extra-protection policy."His claim was settled almost 11 months after Placer and Sacramento County sheriff's deputies raided his home and seized 13 marijuana plants from his garage, ignoring his pleas that the pot was legal.In 1996, voters approved Proposition 215 allowing medicinal use of pot.DeArkland, who has prostate cancer and arthritis, later was charged with felony illegal possession and cultivation of marijuana.But in April, after the Sacramento County district attorney dropped the charges for lack of evidence, he filed a claim with CGU, which has insured his home since 1995.While DeArkland fully expected reimbursement, others were taken by surprise."This is the first case of its kind the department has ever heard of," said Ryan Staley, a spokesman for the California Department of Insurance."This type of police seizure is not one of the 'named perils' that one would see on a standard (insurance) policy," he said.The DeArkland case likely broke new ground, agreed Dan Zielinski, of the American Insurance Association, a lobbying group in Washington. "It's a whole new situation in California," he said.Steve Grippi, the Sacramento County prosecutor who handled the DeArkland case, expressed disbelief. So did Sgt. Rick Gibson, spokesman for the Sacramento County Sheriff's Department."I would say he pulled a sham on the insurance company," Gibson said. ". . . There are plenty of other medications he can use to help ease the pain of cancer."But to Dale Gieringer, of NORML, the San Francisco-based National Organization for the Reform of Marijuana Laws, CGU's decision was "wonderful.""I think it's about time," he said. "It's unprecedented for an insurance company to treat marijuana as legal property, which we maintain it is under Proposition 215."If your drugs were stolen out of your medicine cabinet and you had insurance for that, you would be entitled to compensation. Marijuana should be no different. In our view, this is progress.""It was the right thing to do," said Ryan Landers, 27, a medical marijuana advocate in Sacramento. "I hope this makes law enforcement wake up. If they have any inclination that marijuana plants might be a medical garden, they need to investigate before they kill the plants."When police burst into his home on Oct. 1, DeArkland said, he pointed to several notes signed by his doctor. One of them said, "I have evaluated Mr. DeArkland and have recommended that he use marijuana. This recommendation is valid until Jan. 21, 2000."The deputies ignored the notes, which were on his wall, he said.Receiving reimbursement from CGU wasn't easy, he said."I had to fight to get my $6,500," said DeArkland, who also received an additional $660 from CGU to cover other raid-related damages, such as a smashed-down front door.CGU officials declined comment.DeArkland, however, provided The Bee with correspondence he received from CGU in response to his claim.At first, CGU insurance questioned whether the plants had legally been in his possession. Then, in a May 10 letter, GCU questioned whether authorities had "stolen" the plants as DeArkland maintained."It appears . . . that a valid search warrant was used to confiscate the plants, which may not be the same as stealing them," said the letter, signed by a CGU official named L. Bruce Bogart. "We will be continuing our investigation."In the end, CGU decided the plants were covered by his "extra protector plus" policy, which provides coverage for, among other things, false arrest or wrongful entry, DeArkland said.DeArkland filed a $10 million wrongful-arrest claim against Sacramento County. It was rejected by the county. He tried to file a similar $25 million claim against Placer County -- but missed the deadline for doing so, said Pete Sarellana, the county's director of risk management.DeArkland said he plans to pursue his next option -- lawsuits.Pubdate: September 3, 1999 Copyright © The Sacramento Bee 
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Comment #2 posted by Good_Show on September 03, 1999 at 21:09:14 PT
Go get um!
We need more people like Mr. DeArkland that have the guts to stand up for their rights - on with the Lawsuits!
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Comment #1 posted by Achene on September 03, 1999 at 19:47:00 PT
Good for Mr. DeArkland  NFM
I hope he takes the cops to court!! Best of luck Mr. Dearkland!!! Achene
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