Rule Explanation Paragraph: Case #2
PLST: 202
Allison Ashford
July 24, 2023
The exercise of physical control requires neither a formal contract nor meeting of the minds.
Both physical control and intent to exercise that control are necessary elements of possession.
Zurich American Ins. Co. v. Public Storage f/k/a Shurgard Storage Centers Inc. 743 F. Supp. 2d
525 (2010). On May 22, 2009 a state court action was filed in Fairfax County Court. In that
action Talal M. Nsouli alleges that Public Storage and a co-defendant Sam’s Contracting, Inc. are
liable for the unlawful removal and destruction of personal property stored in his self-storage
unit. Nsouli leased a storage unit at Public Storage facility in August 1999, where he stored over
600 boxes of medical and financial records in his unit. In 2006 the ceiling in Nsoulis unit needed
repair. Shurgard had an insurance policy with Zurich American Insurance Co. Public Storage
hired a general contractor Sam’s Contracting Inc. to make the repairs. Nsouli delivered the keys
to Public Storage so the repairs could be made. At some point during the repairs Nsoulis medical
and financial records were removed and destroyed.
