A collection is not a fixed object, it is a flow. It grows between renewals, often to the rhythm of public sales, which is to say in bursts. A policy covering only the objects on the schedule would therefore leave every acquisition uninsured from the hammer to the following renewal, which is precisely the period when the object moves most: it is packed, transported, unpacked, examined, hung. The line answered with a device everyone uses without reading it, automatic cover for newly acquired items.
The device is simple in principle and conditional in its detail. A newly acquired object is covered from acquisition, with no prior step, up to a cap usually expressed as a percentage of the total sum insured or as an amount per object, and on condition of being declared within a period. Three parameters, therefore, two of them bounds and the third an obligation to act. The collector who buys believes they hold cover; they hold conditional cover whose three conditions they generally do not know.
The first consequence is a collision with the line's founding rule. An object not yet declared cannot have an agreed value, since nobody agreed one. It is therefore covered on another basis, market value at the date of loss, with the appraisal and the argument that agreed value existed to avoid. Two valuation regimes thus coexist inside one policy, and the collector does not know, at any given moment, which applies to which object. It is the only place in the contract where the answer depends on the date a letter was sent.
The declaration period deserves to be seen for what it is: the only purely administrative condition in the whole line. Elsewhere cover depends on facts, states, causes. Here it depends on sending a list. Missing it drops the automatic cover on the object concerned, sometimes retroactively, and it is easily missed since the task is delegated to whoever handles paperwork rather than to whoever buys. An acquisition made in a saleroom on a Friday and never declared is an object that never existed for the policy, whatever its price.
The cap holds a disappointment of another order, because it was calibrated on average behavior. A percentage of the total sum insured describes well a collection growing in small increments; it describes very badly a collector buying a major piece. A single acquisition can exceed the cap on its own, and the excess is neither reduced nor prorated: it is simply uninsured. The device therefore best protects the acquisitions that matter least, which is the exact opposite of what its user believes.
The reverse movement must be added, which nobody addresses because it is not frightening. A work that has been sold stays on the schedule and keeps generating premium, while the insurable interest went with ownership. Without interest there is no insurance, so that line is worth nothing while costing something. The schedule therefore drifts in both directions at once, too short at the top through undeclared acquisitions, too long at the bottom through unremoved disposals, and the two drifts do not offset since they bear on different objects.
The useful discipline here is the least costly in the whole certification, which is what makes its absence hard to defend. Declaring an acquisition takes an email, and that email decides the valuation regime applicable to the object, therefore whether an appraisal will be needed on the day of a loss. The sound reflex is not to bring the schedule up to date at renewal, it is to update it at purchase and at sale, in the same motion as the payment. Everything else in this line requires an expert; this requires only a habit.
A collection is insured for a total sum of 6 million euros. The policy automatically covers newly acquired items up to 10% of the sum insured, that is 600,000 euros, subject to declaration within sixty days. On April 3 the collector buys a piece at public sale for 900,000 euros. It is transported on April 9 and damaged during unpacking: restoration quoted at 40,000 euros, depreciation estimated at 10%. The declaration to the insurer has not yet been made, the assistant usually handling it quarterly. The collector considers himself covered since he is within the sixty-day period.
He is right about the period and wrong about everything else, which is the usual configuration with this device. Being within the sixty days means the automatic cover has not lapsed, and that is all it means. The cap is already operating: the piece is worth 900,000 euros and automatic cover stops at 600,000, the 300,000 excess being neither reduced nor prorated but simply uninsured. The damage being partial, one must then look at the basis of settlement, and that is the second point the collector missed: the object not having been declared, no value was agreed, so the 10% depreciation is computed not on the 900,000 of the hammer but on the market value retained at the date of loss, which is argued with an appraisal. The hammer price is a serious argument in that discussion, it is not its conclusion. Finally, if cover is limited to 600,000 on a 900,000 object, the question arises whether the partial damage indemnity is reduced in the same proportion, and the answer lies in the drafting of the cap, which is the only place it can lie. This file would have evaporated for the price of an email sent on April 3, which would have surfaced the cap overrun while it was still correctable, that is, before the transport.
- 01Automatic cover for newly acquired items is conditional on three parameters: a cap, a valuation basis and a declaration period.
- 02An undeclared object cannot have an agreed value: it settles at market value, with the appraisal agreed value existed to avoid.
- 03The cap is calibrated on numerous modest acquisitions: it best protects those that matter least, and the excess is not prorated.
- 04The declaration period is the line's only purely administrative condition, and it is delegated to whoever handles paperwork, not to whoever buys.
- 05A work sold and not removed from the schedule costs premium while guaranteeing nothing, insurable interest having gone with ownership.