![]() Several courts have held that an exclusion for vandalism and/or malicious mischief does not encompass arson, where the policy language distinguishes between arson, on one hand, and vandalism and/or malicious mischief, on the other. ![]() The court observed that jurisdictions other than Ohio have decided this issue in conflict with one another. Allstate denied the bank’s claim based upon the Coverage A policy exclusion stating, “we do not cover vandalism or malicious mischief if your dwelling has been vacant or unoccupied for more than 30 consecutive days immediately prior to the vandalism or malicious mischief.” The issue separating the parties, therefore, was whether the exclusion, which defeated coverage for “vandalism or malicious mischief,” did so for damage caused by an arson fire. Wells Fargo made its insurance claim for arson fire damage under Coverage A. ![]() Coverage A provided insurance for damage to the dwelling Coverage B for other structures’ protection, and Coverage C provided insurance for damage to personal property. The policy afforded coverage for three types of property damage.
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