Removal of Fence by Neighbor

October 16, 2013

We have an HO2 policy. Our insured erected a privacy fence on his property line, a boundary that is the source of an ongoing dispute. The neighbor believes that the fence is over too far on his property (despite the property surveyor showing that it is on the insured's property) and sent our insured a letter stating he has ten days to move the fence or it will be removed for him and he will be responsible for the costs. Insured was out of town and came home to find the fence removed and stacked on the ground. He filed a claim for vandalism and malicious mischief.

 

Does this meet the definition of vandalism? The neighbor intentionally took the fence down, but I do not believe they did it with intent to damage his property. They did it because they believe the fence was on their property. What are your thoughts?

Kentucky Subscriber

When a term is not defined in the policy, courts look to a standard desk reference. Merriam Webster Online defines vandalism as “willful or malicious destruction or defacement of public or private property.” You certainly have willful destruction of property, regardless of the neighbor's false belief that the fence was on his property. Removing the fence is damage to the property (the fence), pure and simple. This is indeed vandalism.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis