Collision or Vandalism Loss?

Our insured, the manager of a supermarket, saw two men stealing pallets from a rear dock area of the store. He got into his car and drove up directly behind the truck being loaded with the pallets, blocking its exit. After a scuffle between the thieves and the store manager, they got into the truck and backed up into the manager's car, using the weight and power of the truck to force the car out of the way.

Is the damage to the manager's car covered as a comprehensive loss by vandalism and malicious mischief, or does the collision coverage with its higher deductible apply?

Nebraska SubscriberA

The personal auto policy cites ten specific perils that, even though involving collision of the vehicle with another vehicle or other object are not considered collision.

Vandalism or malicious mischief is item seven of this group. A strong case can certainly be made that the damage to the manager's car was caused by an act of vandalism or malicious mischief by the thieves, making the damage a comprehensive rather than a collision loss.

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