Property Damage by SWAT
October 30, 2017
SWAT team legally via search warrant forced entry to the home to detain tenants. Is damage by SWAT team to doors/windows excluded under COL – Special 10 30 10 12, Exclusion 1.c. Governmental Action: Seizure or destruction of property by order of governmental authority. or 3.b. Actions or decisions… of any… governmental body.
Regarding the first exclusion mentioned (Excl B.1.c), some saw the exclusion not to apply as the damage to the building was not ordered by the governmental authority. Thus taking the exclusion more literally “destruction of property by order of governmental authority”; application of the exclusion would be if the government ordered the destruction of the property for whatever reason (say evidence in a hazmat situation).
However, the 2nd exclusion listed (Excl 3.b) seems more appropriate – We do not pay for loss or damage caused by or resulting from .. “Acts… of any governmental body”.
Virginia Subscriber
According to the exclusion for Governmental Action, the only loss that would be covered is ensuing fire. Otherwise the exclusion would preclude coverage for the damaged windows/doors.
Even though the team was acting legally, the SWAT team is a government authority and as such their actions in damaging the property are excluded.
You will no doubt find the below referenced discussion article on this exclusion quite helpful. The case in point closely related to your example is described as follows:
For example, in Alton v. Manufacturers and Merchants Mutual Insurance Co., 624 N.E.2d 545 (Mass. 1993), police executed various warrants to search a building for cocaine, drug paraphernalia, records of drug transactions, and money. In carrying out the search, the building was damaged. The insured submitted the loss to his insurer, which denied the claim. The court upheld the denial, stating that the damage was caused by the police in executing the search warrant, and the search necessarily entailed a certain amount of destruction.
As an aside, depending on the facts of the situation, the insured may wish to contact the authorities and ask if they will cover the damages.
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