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Not every insurance policy covers loss by vandalism, also known as malicious mischief. When a policy does cover vandalism, three questions typically arise. First, has the property been vacant or unoccupied for more than 60 days prior to the loss? Second, if the policy covers vandalism but does not cover theft, then what portion of the loss is due to vandalism and what portion is due to theft? Third, is a fire set by vandals a covered fire claim or a non-covered vandalism claim?
From these three issues a whole subset of issues may arise:
Rutter & Russin is experienced in handling vandalism and malicious mischief claims similar to this representative case:
The policyholder bought a distressed house in East Cleveland hoping that he could repair it and make a profit. However, his tenants had other ideas. They trashed the house and rendered it unlivable. While the owner struggled to make repairs, the home was set on fire. The insurance company was not sympathetic to the homeowner's plight — it argued that the house was vacant at the time of the fire and that fire was not covered under the policy if the structure was vacant for more than 30 days. Rutter & Russin filed suit and convinced the trial judge and the court of appeals that the cause of loss was vandalism — not arson — and that vandalism was a covered peril even for vacant structures.
Property loss due to vandalism is a complex area of insurance law, and fighting an insurance claim denial can seem like an uphill battle. The attorneys at Rutter & Russin have extensive experience representing policyholders in these challenging situations. Contact us today for a free consultation.
Rutter & Russin has helped individuals and businesses with the wrongful denial of insurance claims in Ohio for almost 30 years.
From our office in Cleveland we represent clients throughout Ohio, including Columbus, Cincinnati, Toledo, Dayton, Akron, Canton and Youngstown.
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