Typically, the details of a case are stranger than fiction—like this one, the place the villain wasn’t hearth, wind, or water however fairly turkey vultures with a penchant for actual property destruction. Mitchellville Plaza Bar, the property proprietor, discovered themselves going through in depth roof injury brought on by a congregation of those feathered invaders. They turned to their insurance coverage coverage with Hanover American Insurance coverage Firm, anticipating a lifeline. As a substitute, they acquired a tough “no,” citing the coverage’s exclusion for injury brought on by “infestations.”
The case soared all the way in which to the Fourth Circuit, the place Mitchellville sought protection for the turkey vulture rampage and argued Hanover’s denial was in unhealthy religion. However alas, the courtroom grounded their declare.1
On the coronary heart of the dispute was whether or not the turkey vultures’ rooftop antics certified as an “infestation.” The courtroom, adopting an easy method, turned to the plain that means of “infestation”—an undesirable, invasive presence of creatures giant sufficient to trigger bother and destruction. The proof, which included reviews of months-long vulture exercise and important injury, match the invoice. The exclusion utilized, leaving Mitchellville out within the chilly. I additionally recognize the declare for protection as a result of there isn’t a exclusion itemizing vultures.
I can solely think about the calls to the roofer: “We’ve acquired vultures. Sure, precise vultures. No, they gained’t depart.”
Thought For The Day
“The early fowl will get the worm, however the second mouse will get the cheese.”
—Steven Wright
1 Mitchellville Plaza Bar v. Hanover American Ins. Co., No. 22-2089 (Jan. 19, 2024).