Theo v. National Union Fire Insurance

Townsend, Judge,

concurring specially. As stated in the majority opinion, this insurance policy covers the peril of “burglars” except as to property taken by burglars, and the perils of vandalism and malicious mischief, except for a loss by pilferage, theft, burglary or larceny in connection therewith. The items listed which were found missing, such as the sink, refrigerator, water heater and so on, are accordingly not covered under this policy. But it is further alleged that the plaintiff “found two doors damaged, walls and floor in bathrooms heavily damaged by some heavy instrument resulting in large holes in the walls and floors.” This is the sort of damage which would be covered under both the burglary and vandalism coverages, and which the company would be liable to pay under its contract if a proper claim had been made against it. All that the plaintiff alleges in this regard is that he “made a demand for $1,500, the same representing the actual value of the property listed in paragraph 3 of count II.” -Construing this allegation against the pleader, it appears that the plaintiff made a demand for the value of the property stolen and not a demand for the amount of damage caused to the remaining real estate. For this reason alone I concur in the judgment of reversal as to count 2 of the petition.