Pubdate: Fri, 25 Jul 2003
Source: West Hawaii Today (HI)
Contact:  2003 West Hawaii Today
Website: http://westhawaiitoday.com/
Details: http://www.mapinc.org/media/644
Author: Tiffany Edwards, West Hawaii Today
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

INSURANCE COVERS POT THEFT 

HILO - A medical marijuana cardholder received a $2,000 check from her
insurance company this month, after making a claim for her stolen marijuana
plants. 

Tammy VanBuskirk, 57, holds a state Department of Public Safety - issued
card to grow up to seven marijuana plants and possess three ounces of dried
marijuana buds to treat her glaucoma. 

On two occasions in May, VanBuskirk's "queen" strain plants were stolen from
the backyard of her Hilo home, which is in the same subdivision as the
mayor's home.

American Reliable Insurance Co., out of Scottsdale, Ariz., issued a check
July 15 for $2,040.31 and noted in correspondence to VanBuskirk, "We cover
trees, shrubs, plants or lawns" on "residence premises" but "we do not cover
property grown for 'business' purposes."

A company spokesperson was quoted this week saying as long as medical
marijuana is sanctioned by the state a permitted user makes a claim,
American Reliable considers marijuana to be like any other plant.

Wim Dendraak, American Reliable's senior vice president in charge of claims,
refused to answer questions Thursday. 

"How do I know that you are a reporter," he asked. "I have no idea whom you
might be."

Meanwhile, a letter dated July 14 from American Reliable Claims Examiner
Scott Hansen states VanBuskirk would receive $500 for each of the plants
stolen, although she filed the claim for more. Hansen stated the company
applied the policy's $1,000 deductible for the excess amount. 

VanBuskirk said her local insurance agent was "reluctant" to file the claim,
so she contacted the main office in Arizona. She declined to identify that
local agent.

VanBuskirk said the company tried to put her off by asserting they never got
the claim forms, but she sent the forms a second time via certified mail.
She showed a reporter the certified mail form signed by an insurance agent
July 7. 

"I was about ready to call and find out what they were going to do, but I
went to the mailbox first," recalled VanBuskirk, as she smoked a marijuana
pipe in her home Thursday afternoon.

VanBuskirk said the first person she called after getting the check was
Roger Christie, of the 5,000 - member Hawaii Cannabis Ministry, who
encouraged her to file the insurance claim. 

"He was jumping with joy," she said, adding her reaction was, "Justice
prevailed."

VanBuskirk insists her insurance claim and theft report to the police were
"totally justifiable," since she is growing marijuana legitimately as her
medicine and religious sacrament.

"If I was doing something I couldn't call the police over, I have no
business doing it," she said. 

VanBuskirk said she has been growing marijuana in the backyard of her home
since January. She moved to Hilo nearly four years ago from Washington
state, where she got marijuana to treat her glaucoma from Green Cross, "a
patient co - op." 

Glaucoma, which she said resulted from her diabetes, is a condition of
elevated fluid pressure within the eyes that can deteriorate eyesight.

"I use it for my eyes, my body and my mind," said VanBuskirk, who added
smoking marijuana gives her "spiritual enhancement."

VanBuskirk was hesitant to elaborate on her marijuana use further, saying
she was afraid people will "ignorantly judge" her. 

"There's been so much wrong information out about it. People have been
programmed so wrongly about it," she said. "I find it a shame that they have
done this to something that has been God - given."

Christie said Thursday he is "thrilled" American Reliable has placed a $500
- - per - plant value on marijuana, since "the federal government claims it
has no value."

"This trumps the Supreme Court and Congress which have said medical
marijuana has no value," he said. "The reality is that cannabis is
priceless."
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MAP posted-by: Doc-Hawk