Do I have a case against my insurance company for denying a claim for squirrel damage done to my house?

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Do I have a case against my insurance company for denying a claim for squirrel damage done to my house?

My insurance company is denying a claim we put in for sever damage done to our house by flying squirrels. They said that they will only cover damage done by mammals such as raccoons not rodents. When I look up flying squirrels on the internet it says they are considered mammals. Do I have a case?

Asked on January 16, 2012 under Insurance Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on exactly what your policy says. An insurance policy is a contract--the insurer must provide the coverage in the policy, but is not required to go beyond it. If the policy contains an exclusion for rodents generally or squirrels (flying or not) specifically--even though  they are in fact mammals, as you indicate--that exclusion is legal, and the insurer could refuse to cover you. On the other hand, if the policy does not contain a rodent or squirrel exclusion, they would seem to have to pay. Review your policy in detail to see what is and is not covered.


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