When vandals triggered a sprinkler system in a vacant constructing, flooding it with over a million gallons of water, the end result was not simply property harm. As a substitute, it was a lawsuit that put the scope of all-risk industrial property insurance coverage below scrutiny. The case of Epperson v. Lexington Insurance coverage Firm, 1 just lately determined by an Ohio federal decide making use of Tennessee legislation, concerned a dispute over whether or not an act of vandalism, which led to intensive water and mould harm, needs to be coated below a industrial insurance coverage coverage that purports to insure in opposition to “all dangers of direct bodily loss.”
The plaintiff, Scottie Epperson, co-executor of the property of Fred Langley, owned the insured constructing in Cincinnati, Ohio. After buying it by means of foreclosures, the constructing remained vacant. Vandals broke in, smashed sprinkler heads, and left behind intensive water and mould harm.
Epperson filed a declare with Lexington Insurance coverage below an all-risk property coverage, which by design covers all bodily loss except particularly excluded. Lexington denied the declare, citing two exclusions: vandalism and sprinkler leakage. Lexington argued that each perils have been excluded below the phrases of a Emptiness Allow Endorsement.
The policyholder superior a well-supported argument for protection. First, the property famous that whereas vandalism itself was excluded, the coverage contained a resulting-loss provision stating that if vandalism ends in a coated reason behind loss, the coverage can pay for the ensuing harm. On this case, the property contended that the water harm attributable to the activated sprinklers was a brand new and distinct peril, not vandalism itself, and subsequently doubtlessly coated.
The property additionally identified that the endorsement type Lexington relied upon to exclude sprinkler leakage and vandalism didn’t truly mark these causes of loss with an “X” as the shape contemplated. Below normal guidelines of coverage interpretation, this ambiguity ought to have been resolved in favor of the insured. The policyholder additional argued that from the standpoint of the insured, the sprinkler discharge was unintended and fortuitous, which is exactly the type of occasion an all-risk coverage is designed to cowl.
Lexington countered that the vandalism exclusion utilized to the complete chain of occasions. It maintained that the water discharge was not a separate trigger however merely an anticipated and foreseeable results of the vandalism. It argued that the Emptiness Allow excluded each vandalism and sprinkler leakage, decoding the shape’s structure, particularly the phrase “all” showing subsequent to the loss varieties, as a legitimate substitute for checking the exclusion bins. Lexington additionally leaned on different coverage exclusions, resembling steady water leakage for greater than fourteen days and mould, claiming that even when the water harm have been handled as distinct, it could nonetheless not be coated below these extra provisions.
In a really prolonged opinion totally explaining its causes, the courtroom in the end sided with Lexington. Whereas acknowledging that the policyholder raised believable factors, the courtroom discovered that the vandalism exclusion utilized and that the ensuing water harm was not attributable to a separate, coated peril. The decide accepted Lexington’s interpretation of the Emptiness Allow regardless of the absence of the customary markings to exclude the causes of loss, concluding that the endorsement excluded each sprinkler leakage and vandalism. The courtroom additionally rejected the applying of the resulting-loss exception, reasoning that the water harm didn’t qualify as “unintended” as a result of it flowed immediately from the intentional act of vandalism.
This conclusion, nevertheless, rests on a flawed interpretation of each the coverage language and long-standing ideas of insurance coverage legislation. First, it misconstrues the that means of “unintended.” In insurance coverage legislation, the query will not be whether or not the triggering act was intentional from the standpoint of a 3rd get together, however whether or not the loss was surprising and fortuitous from the angle of the insured. On this case, Epperson and the Langley property had no involvement in or expectation of the vandalism. From their vantage level, the sprinkler discharge was totally “unintended,” and the ensuing water harm ought to have been thought-about a fortuitous loss below the all-risk protection.
Second, resulting-loss provisions exist for a cause. They make sure that even when a coverage excludes sure perils, resembling defective workmanship, earth motion, or vandalism, if that peril results in a brand new, in any other case coated reason behind loss, the coverage nonetheless responds. Courts decoding comparable language have held that water harm ensuing from an excluded act could be coated, notably when the harm flows from a separate trigger like a ruptured pipe or, as on this case, a sprinkler discharge. The courtroom in Epperson disregarded this interpretive framework and handled the complete chain of occasions as a single excluded peril.
Lastly, the courtroom interpreted the Emptiness Allow in opposition to the insured regardless of clear ambiguity within the doc. The shape required particular “X” markings to point which perils would stay excluded throughout emptiness. None have been marked. The courtroom selected to miss that omission and relied on the phrase “all” in a special column to assist Lexington’s place. This strategy immediately contradicts the rule that exclusions have to be acknowledged clearly and utilized narrowly.
This case issues as a result of it reveals a creeping erosion of protection in all-risk insurance coverage, the place courts too readily collapse separate causes of loss into one excluded class. If any harm flowing from vandalism is deemed a part of that preliminary act, then resulting-loss clauses grow to be meaningless. And if the time period “unintended” is interpreted to exclude any intentional act by a 3rd get together, then insurance coverage ceases to guard in opposition to the very sorts of surprising occasions policyholders buy it to cowl.
The Langley property made a robust, legally grounded case. The courtroom’s ruling favored exclusion over protection and, in doing so, undermined basic guidelines of coverage interpretation that require grants of protection to be learn broadly and exclusions narrowly. This choice ought to immediate additional scrutiny and maybe appellate overview.
The clauses battled upon are complicated, as famous in Ensuing Loss Clauses Are Typically Complicated. The idea of fortuity was famous in The Idea of Fortuity and The Put on and Tear Exclusion.
Thought For The Day
“It wasn’t raining when Noah constructed the ark.”
—Howard Ruff
1 Epperson v. Lexington Ins. Co., No 1:23-cv-50 (S.D. Ohio Might 29, 2025).
