Who owns a computer?

I'm located in Wisconsin. I owned a notebook computer which I started using at work a few years ago. Over a year ago the office was burglarized and my computer was stolen. My boss/owner of the business also had her notebook stolen so she filed a claim with her business insurance provider. The insurance company approved the claim and told us to buy two new computers and submit the receipts to them. My boss decided to use her credit card to order two new computers and then turned in the receipt to the insurance company. Two days later we had new computers. Fast forward to now, and I've been fired from my job and my boss is asking for the computer believing that it is hers. I believe since it was my computer that was stolen it was my computer that was replaced and therefore it is still my computer. Who is right? Or is the answer somewhere in between?

well, a couple questions come to mind.

Was the insurance comapny aware one of the computers they were paying to replace was actually your personal computer?

Did the insurance company actually make payment and was it for the full amount of the computer?

If both of those questions are affirmative, then the computer is yours. If the first one is negative, your boss may have committed insurance fraud. It may have not been intentional but insurance companies often do not insure property on site other than the actual company property. As such, you would need to get this clarified.

If the second was negative, then you woudl need to pay at least the difference in the value and what was spent to buy the replacement for your computer.

So to

Who is right?

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Don;t know but chances are she is not totally correct but that may still not get you your computer back. If the insurance company would have denied the claim, it will be hard for you to claim the computer yours but it will also be near impossible for you to claim it on your insurance, if you have any that would have covered it. You may have to sue her based upon her unjust enrichment if she really wants to throw down on this.

Sounds like “somewhere in between”.

Were you required to provide a computer to do your job, or was that for your own convenience? Presumably, you considered it *your* computer when it was stolen, yet the company insurance coverage replaced your used personal property with a new laptop? Are you sure about how that claim was tendered? Did you have personal coverage on your computer? Would it have been covered under any other form of personal insurance – eg. a homeowner’s policy?

Depending on what “a few years” means, your notebook was around two years old when stolen and would have been another year older now. A company policy that provides for replacement of used personal (non-business) property with new goods is going to surprise me (and it makes me wonder if your boss was entirely forthright, when filing the claim – (I think justalayman and I are on the same page)). But you can answer the questions.

At the moment, I could see a possible claim for the current depreciated value of your original computer, but you need to come up with all the right answers to the questions to convince me of more.

It would also be nice to know if you had any proof about your PC .

Sales receipt ?

Serial number ?

Was it registered ?

Was it under warranty ?

I think you should request a depreciated amount of what your PC would be worth at the time it was stolen .

I appreciate the help on this, I think I need to update a couple things although I think I understand what all the responses are saying.

First, the office I worked for was a small office. Just two of us, myself and the owner and there is no written company policy regarding personal equipment.

Second, the owner's business insurance did pay to replace my computer along with my bosses' computer. Now I'm not sure how she filed the claim, whether she claimed it as my computer or if she claimed it as her own. I just know that the insurance company sent a check to pay for the computers along with some other items that were also stolen.

Third, the original computer was mine. It was bought and paid for be me and it was essential for my job to have a computer.

Finally, I am in possession of the computer at this time.

We are currently trying to settle this matter between ourselves. My boss feels like since it was her insurance that paid for the new computer, she is entitled to the upgraded value between my old computer and the new computer. I on the other hand feel since insurance paid for the upgrade and my boss is not out any money, then she is not entilted to the upgraded value.

dubnicks said:

I appreciate the help on this, I think I need to update a couple things although I think I understand what all the responses are saying.

First, the office I worked for was a small office. Just two of us, myself and the owner and there is no written company policy regarding personal equipment.

Second, the owner's business insurance did pay to replace my computer along with my bosses' computer. Now I'm not sure how she filed the claim, whether she claimed it as my computer or if she claimed it as her own. I just know that the insurance company sent a check to pay for the computers along with some other items that were also stolen.

Third, the original computer was mine. It was bought and paid for be me and it was essential for my job to have a computer.

Finally, I am in possession of the computer at this time.

We are currently trying to settle this matter between ourselves. My boss feels like since it was her insurance that paid for the new computer, she is entitled to the upgraded value between my old computer and the new computer. I on the other hand feel since insurance paid for the upgrade and my boss is not out any money, then she is not entilted to the upgraded value.

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Tell your X boss that she put it on her ins. claim , it was replaced and thank her very much for doing that .

Also tell her that's the price of doing business weather her claim to her ins. was legal or not .

That might get her thinking of leaving the matter alone .

Explaining the same issue in a somewhat different way is not really updating. We got it, and the responses don’t change. My proposal for your entitlement (if you took your issue to Small Claims) was slightly more generous than BL’s (by giving you an extra year of depreciated value), but BL’s is equally sensible. If a court used BL’s measure, I’d consider it equally as equitable.

The insurance carrier is not Santa Claus. Somebody paid the premiums, and it wasn’t you. The premiums for the property loss component were based on a measure of the cost to make the company whole (whether with the value of comparable new property – more expensive – or the depreciated value of the used property lost). Of course your boss is out money. Otherwise, there would have been no insurance coverage.

While there still is an open question for some of us as to whether your computer could have/should have been covered at all, your boss wins the debate that you two are having now – hands down - in court or out.

(BTW BL, I think you have one of the best signature lines on FA. It took a minute or two to trace it to a quote from Benjamin Franklin’s prolific writings, but that led to an extended re-visit with the works of an individual who may be America’s first Renaissance Man. Thanks.)