Sometimes, the facts of a case are stranger than fiction—like this one, where the villain wasn’t fire, wind, or water but rather turkey vultures with a penchant for real estate destruction. Mitchellville Plaza Bar, the property owner, found themselves facing extensive roof damage caused by a congregation of these feathered invaders. They turned to their insurance policy with Hanover American Insurance Company, expecting a lifeline. Instead, they got a hard “no,” citing the policy’s exclusion for damage caused by “infestations.”
The case soared all the way to the Fourth Circuit, where Mitchellville sought coverage for the turkey vulture rampage and argued Hanover’s denial was in bad faith. But alas, the court grounded their claim.1
At the heart of the dispute was whether the turkey vultures’ rooftop antics qualified as an “infestation.” The court, adopting a straightforward approach, turned to the plain meaning of “infestation”—an unwanted, invasive presence of creatures large enough to cause trouble and destruction. The evidence, which included reports of months-long vulture activity and significant damage, fit the bill. The exclusion applied, leaving Mitchellville out in the cold. I also appreciate the claim for coverage because there is no exclusion listing vultures.
I can only imagine the calls to the roofer: “We’ve got vultures. Yes, actual vultures. No, they won’t leave.”
Thought For The Day
“The early bird gets the worm, but the second mouse gets the cheese.”
—Steven Wright
1 Mitchellville Plaza Bar v. Hanover American Ins. Co., No. 22-2089 (Jan. 19, 2024).
