October 7, 2019

The U.S. District Court for the Western District of Pennsylvania has dismissed the case of an insured against an insurance company after making the conclusion that the claim the insured's made that their dwelling had been damaged by raccoons engaging in "vandalism and malicious mischief" was not covered by the policy. The case is Capital Flip, LLC v. Am. Modern Select Ins. Co., No. 2:19-cv-180 (W.D. Pa. Sept. 19, 2019).

In 2018, Capital Flip LLC, (Capital Flip) sued its property insurer American Modern Select Insurance Co. (American Modern) for denying coverage after a raccoon vandalized an office near Pittsburgh "causing a substantial amount of damage." American Modern moved to dismiss arguing that raccoons could not, as a matter of law, engage in vandalism or perpetrate mischief. Further, they definitely could not perpetrate malicious mischief as required by the language of the policy.