Ch 5 · Common Loss Types
Module 5.6
Vandalism Loss Playbook
Police report. Inventory. Sub-limits. Repair vs replace.
10 min read
What you'll learn
Police report. Inventory. Sub-limit traps. Repair vs replace fight. The carrier's "occupancy" defense.
5.6.1 Vandalism — distinct from theft
Vandalism
Intentional damage to property without taking. Graffiti, broken windows, smashed appliances, broken doors, damaged landscaping, vehicle damage on property.
Theft
Property taken. May overlap with vandalism (forced entry creates damage) but separate sub-limit + treatment.
A claim with both → file as both, two distinct sub-limits.
5.6.2 Coverage essentials
Standard HO-3 covers
- Vandalism + malicious mischief
- Intentional damage by 3rd parties
- Damage during attempted theft
- Riot / civil commotion damage
Common exclusions
- Owner's own intentional acts
- Vacancy clause — many policies exclude vandalism if property vacant 30-60+ days
- Acts during rented period — by tenant, often excluded or sub-limited
- Mysterious disappearance — needs theft documentation
- Specific high-risk items (sometimes separate coverage)
Sub-limits
- Money / coins: typically $200
- Securities, deeds, manuscripts: typically $1,500
- Jewelry, watches, furs: typically $1,500-$5,000
- Firearms: typically $2,500
- Silverware, pewter: typically $2,500
- Business property at residence: typically $2,500
- Computers / electronics: varies
These cap recovery on those items. Schedule separately for higher.
5.6.3 The vandalism workflow
Day 1: Police report
Critical first step. Police report with:
- Date / time
- Location
- Damage description
- Investigation status
- Case number
Without police report, vandalism claim hard to substantiate.
Day 1-3: Mitigation + documentation
- Secure property (board up broken windows, etc.)
- Photograph all damage before any cleanup
- Document with date stamps
- List damaged + missing items
- Save all evidence (broken pieces, etc.)
Day 1-7: Notice + initial inspection
- Notice carrier in writing
- Police report attached
- Comprehensive photo / video
- Initial damage estimate from contractor
- ALE if uninhabitable
Day 7-30: Investigation period
- Carrier may send investigator
- May request EUO
- May question vacancy / occupancy
- Your investigator if needed
- Contents inventory finalized
Day 30-60: Negotiation
- Carrier estimate
- Independent estimate ready
- Specific rebuttals
- Sub-limit + matching arguments
Day 60+: Resolution
- Settlement
- Reinspection
- Mediation / appraisal
5.6.4 Common scope items
| Item | Treatment |
|---|---|
| Broken windows | Replace + framing if damaged |
| Broken doors | Replace including hardware |
| Graffiti walls / surfaces | Power wash + paint or full replacement |
| Smashed appliances | Replace |
| Damaged flooring | Repair or replace by area |
| Cabinet damage | Repair or replace |
| Fixtures (sinks, toilets, mirrors) | Replace |
| HVAC damage | Repair / replace |
| Pool / pool equipment | Repair / replace |
| Landscape damage | Replace plants, repair beds |
| Fence damage | Repair / replace |
| Vehicle damage on property | Separate auto claim usually |
| Code upgrades if substantial repair | O&L coverage |
| Mitigation | Board-up, fence, security |
5.6.5 The "occupancy" defense
Carrier strategy
Many policies exclude vandalism if property vacant:
- 30 days (some policies)
- 60 days (some policies)
- 90 days (some policies)
If carrier can prove vacancy → claim denied.
Counter
- Define "vacant" — usually means uninhabited + no personal property
- Property may be unoccupied (no one living) but not vacant (furnished)
- Brief absences ≠ vacancy
- Document occupancy — utility bills, mail forwarding records, neighbor statements
- Caretaker / family member presence counts
Endorsement option
For vacant properties (rentals between tenants, secondary homes), purchase vacancy permit endorsement. Resolves issue.
5.6.6 Repair vs replace fight
Carrier strategy
"Repair the spray-paint walls (sand + paint). Don't replace drywall." or "Repair the smashed appliance."
Counter
- Cosmetic repair often inadequate — paint shows through, surfaces don't match
- Manufacturer specs — what damages void warranty
- Matching statute § 626.9744 — adjacent surfaces must match
- Functional damage — appliance damaged is appliance replaced
- Code upgrade — if old appliance, current code requires new specs
5.6.7 Contents inventory
Vandalism may include destruction of contents. Same process as theft:
| Step | Detail |
|---|---|
| Pre-loss baseline | Photos, receipts, credit card history |
| Item-by-item list | Description, model, year, value |
| Photos of destruction | Each damaged item documented |
| Replacement cost research | Current retail values |
| Sub-limit verification | Schedule items if over caps |
| Receipts after replacement | Recoverable depreciation phase |
5.6.8 The EUO trap
Some carriers demand EUO for vandalism claims to:
- Investigate owner involvement (insurance fraud)
- Document occupancy
- Detail loss circumstances
Always have attorney for EUO. Coverage can void on:
- Inconsistent statements
- Refusal to answer
- Failure to attend
- Concealment / misrepresentation
5.6.9 Carrier tactics + counters
| Carrier tactic | Counter |
|---|---|
| "Property vacant, denial" | Occupancy evidence + define vacancy |
| "Owner involvement suspected" | Police report + alibi documentation |
| "Repair, don't replace" | Manufacturer specs + matching |
| "Sub-limit caps everything" | Itemize per category, schedule items |
| "Mysterious disappearance, not vandalism" | Police report + damage evidence |
| "EUO required" | Attorney represents during |
| "Late notice" | Notice within reasonable time of discovery |
| "Contractor wasn't licensed" | Hire licensed contractors |
5.6.10 Common settlement gaps
- Police report — critical, often gets only summary attention
- Mitigation costs — board-up, fence, security
- Code upgrades — if substantial repair
- Matching — adjacent surfaces / continuous areas
- ALE if uninhabitable during repairs
- Items below sub-limit — schedule before next claim
- Landscape — often missed
- Pool / pool equipment — often missed
- Detached structures — coverage B
- Hidden damage — under flooring, behind walls
5.6.11 Action steps
- Day 1: Police report. Without it, claim weakens.
- Day 1-3: Mitigation + comprehensive photo documentation.
- Day 1-7: Notice + occupancy evidence prepared.
- Day 7-30: Independent estimate + contents inventory + ALE if needed.
- Day 30-60: Negotiate w/ specific rebuttals.
- EUO with attorney if requested.
- Sub-limit awareness for high-value items.
- Code upgrades + matching statute invoked where applicable.
Chapter 5 complete. PA Track training complete.
Educational. Not legal advice. Specific vandalism claim handling consults licensed FL professionals.