Care, Custody and Control - Items in Locker and Vehicle in Lot

This claim arose when the claimant, a member of the insured’s fitness facility in Las Vegas, NV was followed in to the facility by an unknown person. The insured employee, who attends the front desk, stepped away from the front desk at the time the claimant and unknown person entered the facility. The unknown person did not have a membership. The claimant locked his personal property in a locker with his own pad lock and went to exercise. While the claimant was exercising, an unknown culprit broke the pad lock and stole the contents of the claimant’s locker. The contents of the locker include: a wallet, a debit card, Nevada driver’s license, Social Security card, $800.00 cash, flip phone, the claimant’s change of clothes, and the claimant’s car keys. The unknown culprit, using the stolen car keys, stole the claimant’s car from the parking lot. Within the claimant’s vehicle was an Apple computer that was also stolen. The vehicle was eventually recovered by the police but none of the personal property was. The vehicle had sustained physical damage. The claimant was partially indemnified through his personal auto and homeowner’s insurance carrier who is pursuing a subrogation claim. The claimant maintains the insured was negligent as their employee left the front desk at the main entrance unattended. The culprit who stole the claimant’s personal property was never identified but it is assumed it was the person who followed the claimant in to the facility.