Q: Many persons now own cell phones, which they regularly carry with them. But sometimes they may leave them in an auto. In these instances the phones may be connected to the auto's power supply. The phones are generally covered as personal property, but what about the minutes? For example, we heard about a situation where a person's car was broken into, and although the phone was not stolen, it was obvious when the monthly bill arrived someone had used the number to make several expensive long distance calls. Do homeowners forms cover this loss?

A: Most standard homeowners forms cover direct physical damage to electronic apparatus in or on a motor vehicle, so long as the equipment can be used independently from the motor vehicle's power. But in the example given, there is no direct damage to the phone. There was theft of phone time, which amounts to theft of the right to access the phone service. Unfortunately, this right is not the same as personal property.

For example, a person has the right to purchase water, but the water does not become property until after it has passed through the water meter.

On the other hand, some homeowners forms recognize that this type of loss can occur, but limit coverage to stored value cards.

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