Generally, the info of a case are stranger than fiction—like this one, the place the villain wasn’t hearth, wind, or water however somewhat turkey vultures with a penchant for actual property destruction. Mitchellville Plaza Bar, the property proprietor, discovered themselves dealing with in depth roof injury 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 injury attributable to “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 dangerous religion. However alas, the court docket 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 court docket, adopting an easy method, turned to the plain which means of “infestation”—an undesirable, invasive presence of creatures massive 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 admire 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 received’t go away.”
Thought For The Day
“The early hen 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).
