Nesting and Infestation Exclusion
July 1, 2013
Woodpeckers are pecking at the insured's outdoor electrical components, which are located in a heavily forested area.
The commercial property policy contains an exclusion for nesting or infestation. There is no evidence the birds are nesting where they have pecked. Hard to show an infestation as these birds are very common. Would this exclusion apply?
Colorado Subscriber
What you describe would not fall under the nesting and infestation exclusion. As you stated, the birds are not nesting where the damage occurred. Unless the birds have gathered en masse and are living on the electrical equipment, it does not seem to be an infestation. Merriam-Webster Online's definition of “infestation” (swarm in or over in a troublesome manner; overrun) is not hugely helpful, but it does give us a sense that the word means many birds overrunning the premises, as opposed to what sounds like random birds pecking at the components.
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