So in this instance, where the friendly neighborhood chimney burglar causes damage to your house, it could be considered vandalism and malicious mischief and your policy may pay for it. My first inclination would be to sue the criminal for damages. However, even if the criminal has homeowners or liability insurance, the perpetrator may not be covered for intentional criminal acts.

In another case (another stupid criminal case) two friends were drinking alcohol and smoking pot, when one decided to aim a gun at his friend and pull the trigger. It didn’t fire, then he pumped it and shot again – bingo – the friend got shot. The trigger friend was found guilty of a felony. His victim friend (formerly, we don’t know) sued him for damages, but since the injurious shot was not INTENTIONAL the trigger friend wanted his insurance company to pay off the victim who was suing him for damages.

The New York State Court of Appeals ruled last summer that this insurance company does not have to pay damages for one of its policyholders’ negligence conducted in an intentional criminal act.

That being the case, the chimney climber’s insurance coverage could refuse to pay the victim’s damages based on the fact that their policyholder was criminally negligent (assuming he is convicted of the charges), thus excluding that damage from coverage. (The ruling can be read in full at Cornell University’s Law School site, Click Here )

In essence, the liability coverage under the traditional homeowner is specifically for true accidents – not for criminals to protect themselves for possible damage caused by their heinous acts.

Bottom line – if you’re worried about insurance coverage from criminal acts, contact your insurer to make sure you have such coverage. If you’re in the midst of such a claim and having problems getting paid by the insurance company, you may want to contact a good lawyer.