Typically, the details of a case are stranger than fiction—like this one, the place the villain wasn’t fireplace, wind, or water however moderately turkey vultures with a penchant for actual property destruction. Mitchellville Plaza Bar, the property proprietor, discovered themselves dealing with intensive 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 received a tough “no,” citing the coverage’s exclusion for injury brought on by “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 unhealthy 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 a simple strategy, 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 stories of months-long vulture exercise and important injury, 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 a exclusion itemizing vultures.
I can solely think about the calls to the roofer: “We’ve received 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).
