Editor's Note: The following article has been provided byStacey A. Giulianti, Esq., a Florida-licensed attorney andaccredited claims adjuster.

Graves open, the dead rise, and corpses begin walking the earth.Hungry for flesh, zombies wreak havoc and destruction in townsand cities all over the United States.

They smash through houses, destroy businesses, and tear upvehicles from coast to coast. Could this become a major problem?You bet. An opportunity for claims adjusters? Bring it on.

While a full treatise on adjusting zombie-damage claims has yetto be published, adjusters should be prepared to handle at leastthe initial claims resulting from such a disaster. By the way,remember to use your “catastrophe” fee schedule; the carriers wouldbe hard pressed to pay you the lower, “daily” rate, you know, withthe dead walking the earth again.

Homeowners' Issues

As the corpses rise from the ground at cemeteries across theland, they will undoubtedly knock over and damage their own gravemarkers. Adjusting a claim in a graveyard, after the start of azombie apocalypse, might not seem to be the best decision for anadjuster, but, hey, that's why you get paid the big bucks.

Under the standard homeowners (HO3) policy,loss to Grave Markers is covered if damaged by a “named peril”listed under Coverage C.

Section I: Property Coverages

E. Additional Coverages

12. Grave Markers

We will pay up to $5,000 for grave markers, includingmausoleums, on or away from the “residence premises” for losscaused by a Peril Insured Against under Coverage C.

The most likely “named peril” to cover zombie-related damage toa headstone would be “vandalism or malicious mischief,” meaning“willful or wanton destruction of another's property.” An argumentcould be made that the undead are unable to act “willfully.”However, we expect courts—if any in fact remain—to hold that theiractions would at least be “wanton.”

As zombies march across cities, they will inevitably approachhomes, looking to make meals of the living. Damage to yourpolicyholders' homes—including broken windows, smashed doors, andcracked walls—will generally find coverage under the standard “allrisk” HO3 policy. One exclusion that the intrepid adjuster shouldreview, which would require a denial of such a claim, is if “thedwelling has been vacant for more than 30 days” and the damage iscaused by “malicious mischief” from the zombie hordes.

Assuming the homeowners have abandoned their dwellings to seeksafer ground (we predict the government will set up ProtectedAreas), determining those time frames will prove challenging, tosay the least. Of course, canvassing the neighborhood for answersmight not be the wisest decision.

The “Vermin” Exclusion

An overarching exclusion that some carriers might raise againstany damage to residential property is the exclusion for damagecaused by “vermin,” defined as “Wild mammals and birds that arebelieved to be harmful to crops, farm animals, or game, or thatcarry disease[.]” Because they certainly “carry disease,” it iscritical that adjusters consult with experts to determine if thedearly departed are still considered “human” or merely sub-human“mammals.”

Zombies are also expected to destroy personal property duringtheir rampages, especially outdoor furniture and equipment.Coverage C (personal property) items are covered for specificallynamed perils only, as enumerated on the list below:

1. Fire or lightning
2. Windstorm or hail
3. Explosion
4. Riot or Civil commotion
5. Aircraft (this peril includes self-propelled missiles andspacecraft.)
6. Vehicles
7. Smoke
8. Vandalism or malicious mischief
9. Theft
10. Falling objects
11. Weight of ice, snow or sleet
12. Accidental discharge or overflow of water or steam
13. Sudden and accidental tearing apart, cracking, burning orbulging
14. Freezing
15. Sudden and accidental damage from [an] artificially generatedelectrical current
16. Volcanic Eruption

Zombies might inadvertently cause fires (1), explosions (3), andspikes in electrical current (15), damaging personal items, whichwould be covered. Direct physical damage caused by the monstersthemselves would once again fall under “malicious mischief,”resulting in a covered loss. Unfortunately, your pet dog or cat, ifconsumed by the ravenous beasts, would be considered a non-coveredloss, as noted under “Property Not Covered…b. Animals, birds orfish.”

A potentially thorny issue will arise from Coverage D (loss ofuse) claims. If the home is unlivable because of damage causeddirectly by the zombies, compensation will be owed to insureds fortheir additional living expenses (ALE), including rent foralternate living arrangements. If the house isnot damaged by the actions of the dead, but instead stems fromrestrictions of the government or military prohibiting residentsfrom moving back into the area, then payment would be due for onlytwo (2) weeks.

Coverage D – Loss of Use

Civil Authority Prohibits Use

If a civil authority prohibits you from use of the“residence premises” as a result of direct damage to neighboringpremises by a Peril Insured Against, we cover the loss as providedabove for no more than two weeks.

This is just enough time, frankly, to get as far away from theother panicked survivors as possible. The last homeowners'insurance issue that is reasonably foreseeable due to the zombieuprising revolves around the liability protections afforded by theHO3 policy. If an insured negligently injures another person, orcauses property damage, Section II provides coverage up to theliability insurance limits. Should an infected insured bite anotherperson, and cause them to turn into a zombie as well, the insuredwould not be covered for contaminating the victim, as notedbelow:

Section II – Exclusions(Liability)

6. Communicable Disease

“Bodily injury” or “property damage” which arises out of thetransmission of a communicable disease by an “insured.”

Of course, a zombie plaintiff would be difficult to imagine,although I expect a flood of advertisements from attorneys (“Ifyou've been bitten…”).

Automobile Issues

Cars will be particularly susceptible to damage from starvedflesh-eaters seeking human meals. To find coverage forzombie-related vehicle damage, the policyholder must have theendorsement for “Other than Collision,” as stated in pertinent partbelow:

Loss caused by the following is considered “other thancollision”:

7. Malicious mischief or vandalism

8. Riot or civil commotion

Coverage would arguably be found for directdamage as per #7 (malicious mischief or vandalism); damage causedby panicked mobs of the living would fall under #8 (riot or civilcommotion) as noted on the previous page. Exclusionsabound, and the wary adjuster must keep her eyes open (to read thepolicy, as well as to watch for hungry zombies). Mostinsurance policies prohibit coverage for damage due to armedconflicts or other martial engagements. The standard automobilepolicy is no exception:

Exclusions

We will not pay for:

3. Loss due to or as a consequence of:

c. War (declaredor undeclared)

e. Insurrection

Should the authorities consider this a “war” against the newlyrisen, any automobile damage caused by fighting against the zombiesmight be excluded; similarly if the situation is named an“insurrection.”

Finally, if the vehicle suffers “…destruction … by governmentalor civil authorities,” no compensation would be due. It isexpected that military or militia will attempt to defeat the undeadhordes, and widespread damage cannot be avoided. Adjustersshould determine if the damage was caused by individuals or groupsprotecting themselves (covered), or from police or othergovernmental actors (excluded).

While not an exhaustive analysis of the potential issues thatwill arise after the dead arise, it is critical that fieldadjusters and company examiners review policy language that mightapply after the unthinkable occurs. Preparation is the key –along with a solid supply of food, water, and ammunition.

Of course, there is always the possibility of a robotrebellion…

Stacey A. Giulianti, Esq., is a Florida-licensed attorneyand accredited claims adjuster who oversees Florida PeninsulaInsurance Company's Claims, Legal, and Zombie MitigationDepartments. He may be reached for questions or comments at[email protected]until the Zombie Apocalypse.