My mower was stolen from a John Deere dealership during a warranty repair. Who is liable for my loss?

I took my 10 month old John Deere mower($4300) with 20 hours on it to a local dealership for some warranty repairs to done. Dealer calls me to inform me my mower was stolen. He said I needed to contact my Homeowners insurance to file a stolen claim for my mower. He said he was not liable for replacing my mower since it was stolen in a "secure area". I don't quite feel a chain link fence is very secure after the fact. My question is. Who is liable for replacing my mower. And if he is liable would my mower be considered a new mower for replacement value since it was less than a yr old and with 20 hours on it? My homeowners would cover the loss but I have a $1000 deductible! The dealership told me his theft insurance would deny any claim since it was considered in a secure area. Do I have a legal case against him or his insurance company or is this my loss? Thanks for any advise!

They can tell you anything, but it doesn't mean it's true. The dealership is trying to get out of taking responsibility for the theft. We had trouble with an insurance claim once for hail damage on one of our mobiles. The state attorneys office straightened them out fast.
I'd start with letting them know who all I was going to report their tacky business antics to---and just go on up from there.

The delivery of your mower to the dealership created a bailment. In this type of case, I would think that the dealership is strictly liable to you for the PRESENT value of your mower.

You need to look at the slip that you signed when you took your mower in for repair. There may be an assignment of risk of loss or damage on the reverse. If so, and you signed, then you have waived your rights.

However, absent a waiver, the dealer is liable. His insurance is a contract between him and his agent - not between you and the insurance company. His is liable to you - the insurance company is not liable to you, they are liable to him. The terms of his contract with him are not your problem.

If the mower was stolen from a "secure area," then it sounds like it was an inside job / employee theft, in which case he would be vicariously liable to you.

Talk to an attorney about this. I think he is giving you the runaround.

Once you turned your mower over to them they are responsible to secure your equipment.

You should immediately prepare a demand letter requesting full reimbursement for the lawn mover. Tell them they are responsible for lost or stolen items that was left on their property for repair. State if they fail to reimburse you, you will take legal action against them. Send a copy of the letter to any administrative or legal office you can find that relates to John Deere also copy your local better business bureau. Call any TV or radio action lines and ask them to get involved.

I would also demand a copy of the police report relating to the theft of your mower. You will need that...

Get a demand letter out right away. Take action and don't let some local dummy tell you what he obviously doesn't know. Good luck.