KS: Warrantless teargassing of house wasn’t under the “civil authority” exclusion under the insurance policy for the damage

Execution of a search warrant might be excluded from insurance coverage on a home under the “civil authority” exclusion under the policy, but here the search was based on the suspect’s flight into the house while wanted for a violent crime. Officers used 15 tear and pepper gas canisters fired through windows that caused more damage than the house was worth. This police action did not require a warrant and wasn’t action under “civil authority” under the policy exclusion. Allen v. Marysville Mut. Ins. Co., 2017 Kan. App. LEXIS 76 (Oct. 20, 2017).

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