Guides
Vandalism and malicious mischief coverage
Vandalism is covered on a standard homeowners policy, except in a dwelling vacant over 60 days or when an insured did it. The deductible swallows small claims.
Vandalism and malicious mischief, which insurers abbreviate VMM, are covered perils on a standard homeowners policy. Graffiti on the house, smashed windows, a fence knocked down for fun or a lawn torn up by a vehicle are all damage someone did on purpose, and the policy pays to fix them after your deductible. The two big exceptions are a dwelling that has sat vacant for more than 60 consecutive days, and damage done by someone the policy treats as an insured.
This guide describes the ISO HO-3 (form HO 00 03 05 11). Your insurer's own form and your state's endorsements may word these rules differently, so confirm with your policy.
What counts as vandalism or malicious mischief
Neither term is defined in the ISO form. Courts and adjusters read them in the ordinary way: vandalism is willful or malicious damage to property, and malicious mischief is much the same thing, destruction for the sake of destruction rather than for gain. Spray paint, eggs, a rock through a window, slashed screens, a mailbox swung at with a bat and the damage left behind by a burglar who wrecks rooms on the way out all qualify. Theft of the property is a separate peril, covered in theft and burglary claims under a homeowners policy, and a fire set on purpose is a fire loss, covered in fire and smoke damage: how homeowners insurance responds.
Accidents are not vandalism. A baseball through the window is not malicious, but because the HO-3 covers the building on an open-perils basis, accidental damage to the house is covered anyway unless something excludes it. The difference matters for belongings, which are covered only for named perils, and for the vacancy exclusion described below, which applies to vandalism specifically.
Where the policy pays for it
| What was damaged | Where it is paid | Notes |
|---|---|---|
| House, garage door, siding, roof, windows | Coverage A (dwelling) | Open perils; the 60-day vacancy exclusion applies to vandalism |
| Fence, shed, detached garage | Coverage B (other structures) | Same vacancy rule; see Other structures coverage (Coverage B): fences, sheds and garages |
| Furniture, electronics, clothing | Coverage C (personal property) | Vandalism is a named peril; settled at actual cash value unless you have replacement cost on contents |
| Trees, shrubs, plants, lawn | Additional coverage | Vandalism is a covered cause; up to 5% of the Coverage A limit, $500 per tree, shrub or plant |
| Broken glass in a covered building | Coverage A, plus the glass additional coverage | The glass coverage also has a 60-day vacancy limit |
| Your car, its windows, wheels, paint | Auto policy (comprehensive) | Motor vehicles are not covered property under a homeowners policy |
The are trees, shrubs and landscaping covered? guide explains why a vandal's damage to a tree is covered when wind damage to the same tree is not.
The vacancy exclusion
In the 2011 ISO HO-3, the Coverage A and B exclusion removes vandalism and malicious mischief, and any ensuing loss from an intentional wrongful act committed during it, if the dwelling has been vacant for more than 60 consecutive days immediately before the loss. A dwelling under construction is not considered vacant. The exclusion also reaches the follow-on damage: if vandals pull a pipe loose and water runs for days, the water damage is excluded too. Some other ISO editions and many insurers' forms apply a similar limit to belongings, so check yours.
The form does not define "vacant." Many courts distinguish vacant, meaning empty of furnishings and occupants, from unoccupied, meaning nobody lives there but the furniture remains. Under that reading a furnished second home that nobody has used for three months may not be "vacant," while an empty house awaiting sale usually is. Other policies say "unoccupied" and exclude on that basis instead. Where yours falls is a question for your declarations and form, and for your state's case law. Estates, houses on the market, seasonal homes and homes between tenants are the usual trouble spots. See vacancy and unoccupancy exclusions and vacant home insurance: when you need it and what it covers for what to buy if the house will sit empty.
When the vandal is an insured
The HO-3 excludes any loss arising from an act an insured commits or conspires to commit with intent to cause a loss, and says that when this happens no insured is entitled to coverage, even insureds who did not take part. A teenager who smashes windows at home, or a spouse in the middle of a separation who wrecks a room, can put the claim in doubt. Whether an innocent co-insured is still protected depends on state law and your policy's endorsements, and it is a question for an attorney. The intentional loss glossary entry gives the exclusion in plain words.
The reverse situation is a child who damages someone else's property. Liability coverage does not pay for property damage that an insured expected or intended. A smaller backstop in Section II, Damage to Property of Others, pays up to $1,000 per occurrence at replacement cost without proof of fault, but it excludes damage caused intentionally by an insured who is 13 or older. Parents of younger children may therefore have a small benefit that parents of teenagers do not. your kids, their friends and liability coverage covers liability for children in full.
A worked example (hypothetical)
Say your house is occupied, your dwelling limit is $400,000 and your deductible is $1,000. Overnight, vandals spray-paint the garage door and fence, break two basement windows and cut down six shrubs.
- Repainting the garage door: $1,400 (Coverage A)
- Replacing the fence panels: $800 (Coverage B)
- Two basement windows: $900 (Coverage A)
- Six shrubs at $300 each: $1,800 (trees, shrubs and plants; each shrub is under the $500 per-plant cap, and the total is far below 5% of $400,000, which is $20,000)
The total is $4,900. Subtract the $1,000 deductible and the policy pays $3,900. Now suppose the house had been empty for 70 days after the previous owner moved out. Under the 2011 ISO wording, the building items (the garage door, fence and windows, $3,100 in all) would be excluded as vandalism to a vacant dwelling. The same facts, two different outcomes. That is why the vacancy rules are worth reading before you leave a house empty.
What to do after vandalism
- Photograph everything before cleanup, including the surrounding area, and keep damaged pieces until the adjuster has seen them. documenting damage: photos, video and receipts explains how.
- Report it to the police. The HO-3 requires a police report only for theft, but a report number supports a vandalism claim and may help you if the same vandals return. Ask neighbors for doorbell and security camera footage.
- Secure the property. Board broken windows and cover openings. The policy pays the reasonable cost of necessary protective measures and requires you to take them (reasonable repairs: what you can fix before the adjuster comes).
- Compare the damage to your deductible before filing. A claim for $1,500 of graffiti under a $1,000 deductible pays $500 and goes on your claim history. The Should I file a homeowners claim? and will a claim raise your homeowners premium? help with that decision.
- Call your insurer promptly and get at least two repair estimates for anything significant.
Condo owners and members of homeowners associations should find out which damage belongs to the unit and which to the association before they call; exterior and common-area vandalism is usually the association's claim.
Key takeaways
- Vandalism and malicious mischief are covered for the building, for belongings and for trees, shrubs and lawn on a standard HO-3, subject to your deductible.
- In the 2011 ISO form, vandalism to the dwelling and other structures is excluded after the dwelling has been vacant for more than 60 consecutive days, and the exclusion extends to follow-on damage such as water from a pipe the vandals broke.
- Whether a furnished house nobody lives in counts as vacant depends on your policy's wording and your state's case law; ask your agent in writing before leaving a house empty.
- Damage done intentionally by an insured is excluded, and damage to a vehicle goes on your auto policy rather than your homeowners policy.
- Small vandalism losses often fall under the deductible, so weigh the repair estimate against the deductible and your claim history before filing.