Expert: Mike Barrett - 8/17/2004

Question
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Followup To
Question -
I have been out of my house for a week now as a family of skunks has been living under my front porch. So far we have found two live skunks and one dead skunk. The smell is so overwhelming that I can not be in my house for more then 10-min with out my throat and chest burning. I will need to hire a professional cleaning service and I feel the insurance should cover this part of it.
Answer -
I believe they should cover this as well. What reason have they provided leading you to believe it is not covered?

follow up-
They said that Vermin's are not covered and they faxed the info over to me section HO-3. I read an article that said the word vermin is ambiguous and can have more than one meaning. Do you think there is a way I can fight this?  

Answer
I'm a little surprised that this company is attempting to classify a skunk as vermin. You're right about the term vermin as one of ambiguity.

Encarta dictionary defines vermin as: Destructive animals or insects: small animals or insects that harm people, livestock, property, or crops and are difficult to control, for example, rats, weasels, fleas, or cockroaches.

I am unable to locate any definition for either “vermin” or “skunk” that clearly support the company's position. The closest I can come to classifying a skunk as vermin is that a skunk is related to the weasel family but beyond that, the two seem to have no characteristics in common. Realistically, this company is stretching with their definition.

Bill Wilson, another expert here, has put together an excellent article on this subject. The link to this page is:
http://www.iiaba.net/vu/Lib/Ins/PL/Homeowners/WilsonVermin.htm

I would suggest you write this company and incorporate the information on the above page into your letter with a copy to the Insurance Commissioner. Don't simply send one copy of this letter to the insurance company. You may want to contact your adjuster, get their supervisor's name and title along with the name of the president/CEO of the company and copy everyone with this letter.

Usually, when you begin citing court cases to a company, it tends to get their attention.

Finally, when you conclude your letter to them, you may want to close with a sentence like:

“I believe that in light of the ambiguity of the common dictionary definition of the term “vermin”, combined with court decisions on this matter, any insurance company attempting to exclude the loss I have sustained may well be guilty of Bad Faith.”

Insurance companies try to avoid Bad Faith judgments.

If this attempt fails, an attorney is an option or, depending upon the amount of your loss, Small Claims Court but I am hopeful this letter will result in a more favorable response.