Party in Leased Premises Causes Damage
July 21, 2014
A beach house insured on an HO 03 policy was rented to others. Our investigation revealed damage to the floors and furniture from having alcoholic beverages spilled as well as damage to the spa and pool water contamination from alcoholic beverages and other unknown substances in the water. The walls were smeared in places with dirt and a substance assumed to be blood, a towel bar was broken, and the wood fence was leaning at our inspection. This resulted from a party being thrown by someone leasing this beach house. Can this type of damage be considered vandalism or malicious mischief under the HO-3?
New York Subscriber
“Vandalism” is often defined as “willful or malicious destruction or defacement of public or private property.” (Webster's Collegiate Dictionary). A wild party may not be construed as vandalism or malicious mischief; there was no intent to damage the property, just the intent to have a good time (which they obviously did). If someone is strongly under the influence of alcohol, it is even harder to state that any damage was intended, especially since there are mostly spills and dirt, and no holes in walls, burned carpets, or the like. While courts have fallen on both sides of the issue, and it is highly dependent on variables of each situation, this instance is not vandalism or malicious mischief.
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