It seems like we are getting more claims presented for damage perpetrated by insureds' own children. On HO3 coverage what is FC&S's call on damage where 3 & 4 yr olds did damage by coloring on walls, breaking windows and believe it or not, tearing shingles off an appurtenant structure in the backyard?

Michigan Subscriber

Most states have an age of reason below which children are seen as being incapable of knowing right from wrong. Often this age is seven, and it's hard to make a case that even though the 4 year has been told not to draw on the walls that he truly understands the issue, particularly if he was drawing a picture for the Easter bunny.

The intentional acts exclusion applies only if the insured committed the act with the intent to cause loss – again, at this age did the child intend to cause a loss and really understand the ramifications of the action? I think not. It's different than a 16 year old setting the house on fire because he was grounded and mad at the folks.

So, as far as the dwelling itself, the coverage is open perils except for what's excluded, and since we've ruled out intentional acts with children this young, there's coverage to remove the crayon from the walls, fix the windows and even the shingles unless there's a story there we don't know about.

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