Typically, the information of a case are stranger than fiction—like this one, the place the villain wasn’t fireplace, wind, or water however somewhat turkey vultures with a penchant for actual property destruction. Mitchellville Plaza Bar, the property proprietor, discovered themselves going through intensive roof harm attributable to 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 harm attributable to “infestations.”
The case soared all the best way to the Fourth Circuit, the place Mitchellville sought protection for the turkey vulture rampage and argued Hanover’s denial was in dangerous 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 strategy, turned to the plain which means of “infestation”—an undesirable, invasive presence of creatures giant sufficient to trigger hassle and destruction. The proof, which included studies of months-long vulture exercise and vital harm, match the invoice. The exclusion utilized, leaving Mitchellville out within the chilly. I additionally respect the declare for protection as a result of there isn’t any exclusion itemizing vultures.
I can solely think about the calls to the roofer: “We’ve acquired vultures. Sure, precise vultures. No, they received’t go away.”
Thought For The Day
“The early chicken 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).
