Tenants in a neighboring building, instead of disposing of their garbage properly, started throwing it from their taller building onto the roof of the insured's building.
Of course the insured did not know that this was going on, and eventually when there was a heavy rain, water could not go down the roof drain as the drain was blocked by all the garbage. Water leaked into the building causing interior building damage.
The claim was reported as vandalism and malicious mischief since tenants of the other building were intentionally throwing their garbage on the insured's roof, but the insurance company has denied the claim, stating this was not a case of vandalism.
New York Subscriber
We agree that this would not be considered vandalism. ISO property forms state that vandalism means "willful and malicious damage to, or destruction of, the described property." While the inconsiderate neighbors in the next building did intentionally throw their trash on the insured's building, it does not sound like they were maliciously intending to destroy or damage the insured's property.
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