Animal Damage

Which are covered and which are not? And, if covered, for what?

Let’s be clear up front. We are not talking about the animals themselves being insured, but the damage they cause.  For example, say a deer launches itself through a plate-glass window, shattering it and bleeding on a pile of laundry in a basket underneath the window. Or, as happened in late May of this year, in Clearwater, Florida, an 11 foot alligator breaks in through a ground floor window and takes up residence in the kitchen (and develops a taste for the homeowner’s red wine). Is this damage covered? Or what about Kitty’s use of the sofa corner for a scratching post? Or Fideau’s insistence that the family room corner is a much better potty alternative than the outside.

Are any of these situations covered? I really dislike saying this, but the answer is “It depends.” You will have to look at your homeowners policy (or contact your agent) to see what kind of form you have. Homeowners’ forms are often referred to as basic, broad, or “all risk” (in quotations because there are always exclusions). Basic and broad form policies name what is covered, and damage caused by animals is not mentioned (and is therefore not covered). Now for an “all risk” policy. Here, the exclusion is for animals owned or kept by an insured. So, damage done by either the deer or alligator to the window is covered.

But policy language gets a bit tricky (and again, read your policy). “All-risk” generally refers to the coverage for the dwelling; personal property (or contents) is often covered for only certain perils: fire, lightning, or theft, for example. So getting back to our alligator’s damaging the wine bottles, this is probably not covered. (By the way, trying to say the alligator committed vandalism won’t work. Animals are not held to be capable of developing the intent necessary to commit vandalism.)

But never say never. There is another homeowners form which goes by several names (often called a form 5). This form covers both dwelling and contents on an “all risk” basis. Although there is an exclusion for damage caused by animals owned or kept by an insured (which applies to both the dwelling and personal property), there is none for an alligator damaging furniture, or the deer breaking a glass window and bleeding on a pile of laundry.

OK for animals. Now for “varmints” (aka rodents, etc.).  None of the homeowners forms will cover damage caused by birds, rodents, or insects (except sometimes in event of collapse, but that will the subject of another blog). The dents in siding caused by the male red-bellied woodpecker in the spring are not covered. The snug pile of insulation indicating a mouse has nested in the attic is not covered, nor is the cost of removing the critters. One coverage form uses the term “vermin,” and defines this as ”an animal of a type that is prone to enter or burrow into or under a structure to seek food or shelter, including, but not limited to armadillos, bats, opossums, porcupines, raccoons, skunks, and snakes.” These are considered on-going maintenance issues of home ownership and are therefore uninsurable. However, if in nest-building the mice chew the insulation from wires such that a fire ensues, that ensuing damage is covered. Or, if birds nest in the chimney so that when a fire is lit in the fireplace, smoke billows out into the family room, blackening furniture and walls. The smoke loss is covered.

We’ve discussed homeowners forms, so what about the commercial property forms? Like the homeowners forms, there are basic, broad, and “all risk” forms. The basic and broad do not mention animal damage at all; so it is not covered.  There is no exclusion for damage done by animals owned or kept by an insured. However, the exclusion for “varmints” eliminates coverage for nesting, infestation, discharge or release of secretions or waste products by birds, insects, rodents, or other animals. So, if the business owner brings Fideau in to work, and the disobedient bowser misbehaves, there is no coverage for the owner’s ruined flooring or carpet.