My grandson threw a cup and broke my new $2000 TV. The warranty does not cover.The damage is $2300.?

Question

My homeowners insurance company denied the claim. I do not understand my policy covers for "malicious mischief". Are they cheating me?

He is only 3 years old but he does have some anger problems that we are trying to overcome. He throws things,hits and kicks. My wife and I have custody.
I just dont understand why insurance dont cover.

Answer 1

Read your policy to find out what it covers. I'm in insurance and think that the policy would cover this. I would fight my insurance company on it. You could always call your state insurance department to file a complaint; if you want to get into it that far.

Answer 2

Difficult to say without knowing the fine print on your contract.

However, the general idea behind responsibility for compensation for damage done, is that whomever does the damage is responsible, or, in the case of a minor, the parent or guardian may be responsible for reimbursement. This is why warranty does not cover it, it's not the manufacturer's fault that the TV does not work. Similarly, intentional damage (even if just an uncontrolled child who (I hope) doesn't know any better) isn't quite the same as an accident. You might do better to try to file a claim against the parents' insurance, or, if you're determined to obtain recompense, against the parents (though this might cause some family stress)... though if you were watching the child at the time, it likely could be argued that you were the one responsible, and thus they would not be liable.

Answer 3

First off, if there was $2300 worth of damage on at $2000 tv, at best, they would replace it, but they wouldn't be paying you more than it cost. Worst case, you have actual cash value policy and you would only be eligible for the depreciated value of the tv.

Second, Malicios mischief applies to intentional damage like vandalism. Any damage, intentional or not will not be covered if caused by a member of your family or household. And, usually, if your tv was damaged, by say, a neighbor in a similar situation, their insurance would cover that under a liability claim.

Since you are the custodians of this little boy, you are responsible for his actions, his parent's homeowners insurance would not cover him or his actions.

Answer 4

I would be the term "malicious mischief" only applies to damages done by people not a member of your household or living in the same house such as a relative, etc. The reason is obvious. You could decide you did not like your TV and wanted a new once, so you take a hammer to it and smash it. If you destroy your own stuff why should the insurance company pay for self-inflicted damage?

"Here, Kiddie, take this cup and throw it at the TV."

Answer 5

What your grandson did was not malicious if he was a little kid. There has to be an intent and plan there to damage your property. Small children are not legally able to form intent.

I work for an insurance company and I handle property cases. This is the reason I would deny this claim as well. Malicious Mischief would be more like someone knocking your mailbox down with a bat. Something completely intentional.

Answer 6

There is a lot of fancy insurance jargon in the answers here. The bottom line is that if he is a 'household member" meaning he lives with you and you have custody, then there is no coverage for damage to your property. The reason they do this is to keep people from damaging their own stuff to collect the insurance claim money. This may differ a bit from insurance policy to insurance policy, but it sounds like this is why your insurance company is denying the claim.

Sorry to be the bearer of bad news.

Good luck to you!

Answer 7

Did you press charges against your grandson?? Malicious means, with bad intentions. Was this an accident, or did he deliberately throw the cup with the intention of damaging the tv? If it was deliberate, you have to file a police report and press charges - just like with vandalism.

Otherwise, it was an "accident".

If he's under 13, and doesn't live with you, you can sue his parents for the damages, and it SHOULD be covered under their homeowners policy. If he lives with you, he's a household member, and any damages he causes are not covered under your policy. Even if you press charges.

Answer 8

When your grandson threw the cup did he do it with malice and forethought? Did he intend to damage your $2300 TV? Or was he just a kid pitching a fit?

If your grandson did not do it with the intent to cause malicious harm to your property - then it is not malicious mischief.

If he did intend to harm your property, call the police and have them file a report - if the child is old enough, he can be held criminally liable for his actions and if his actions are malicious mischief - he should be held criminally liable for his actions.

Or you can sue his parents if they were at your home and were not properly supervising their child. If the child acted in a malicious manner - then his parents (your child) should be held civilly liable for the damage their child caused. Apparently they did not teach him right from wrong.

However, if the child was in your home and under your supervision - then you are responsible for his actions. You will have to sue yourself for not properly supervising your grandson.

In short......no....the insurance company did not cheat you. This is not a malicious mischief situation. It's your grandson under your care, custody and control pitching a fit.

Answer 9

Vandalism and Malicious Mischief

Vandalism and malicious mischief are generally cited as a single peril meaning willful or malicious physical injury to or destruction of property. Historically, malicious mischief has been added to vandalism to identify the covered peril because it has a special meaning by definition, and because it embraces a number of situations that are not technically covered by "vandalism."

"Vandalism" means willful destruction or defacement of things of beauty. It implies general hostility to nice things and satisfaction from their destruction. It is derived from the name of a Germanic people who overran Gaul, Spain and northern Africa in the 4th and 5th centuries and who sacked Rome.

"Malicious mischief" implies damage to property motivated by hatred or spite. It is not associated with beautiful things, but rather with utilitarian things such as machinery and business buildings and their contents. Acts leading to this kind of destruction are premeditated and include those arising from resentment and ill will during labor disputes.

Accidental damage is not covered under the "vandalism" peril. Coverage applies only when the damage is intentional. The vandalism and malicious mischief peril does not include loss to property on the "residence premises" if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. Furthermore, the vandalism or malicious mischief peril does not include loss by pilferage, theft, burglary or larceny. Back to More Information

I hope this has helped. Bad luck with the TV.

Answer 10

If you prosecute your grandson and give him a life long criminal record, then they may pay.

Did you buy the TV with a credit card? Many credit card companies offer protection for just such circumstances.

That stinks. How old is the child? Looks like he will be working on chores for a long, long time.