Part 27 published on 01/08/09
Damage to insect collection covered by insurance.
An owner’s insect collection was damaged when the condominium corporation removed the storage trunks (containing the dried insect specimens) from a storage locker in the building. The question was whether or not the damage was covered under the owner’s insurance policy. The Court concluded that the damage was covered under the policy. The Courts reasons included the following:
(a) Special collections of this sort are “usual to the ownership or maintenance of a unit” which was a requirement for coverage under the insurance policy. This particular owner collected insects as a hobby, which was part of his normal use of his unit.
(b) The condominium corporation’s removal of the insects was a “malicious act” (a peril covered under the policy). The representatives of the corporation acted without proper justification and were reckless or willfully blind to the harm that they might cause.