High court weighing definition of arson for insurance coverage on vacant Poland home

COLUMBUS

The state’s high court is considering arguments in an insurance case involving a vacant, foreclosed Poland home that was damaged by arson several years ago.

Allstate Insurance Co. contends the incident was an act of “malicious mischief or vandalism” and, under policy provisions, the resulting damages were excluded from coverage.

Wells Fargo Bank, the mortgage holder, counters that arson amounts to a “fire loss” and should be covered under the homeowner’s insurance policy.

Justices must decide whether arson is malicious mischief or vandalism.

“We’re not really deciding coverage here today,” Justice William O’Neill said during oral arguments Wednesday. “We’re deciding the English language, it appears to me.”

The case focuses on a single-family home on Yellow Creek Drive in Poland. The property was purchased in 2010, with stipulations that required insurance include coverage of fire damages.

In 2013, the homeowner defaulted on his mortgage payments, and Wells Fargo initiated foreclosure proceedings. The property was vacant, from “at least October” of that year, according to documents.

A fire, “deliberately started ... the result of arson,” damaged the property the following February.

Wells Fargo sought coverage for the damages. Allstate denied the claim.

Read more about the case in Thursday's Vindicator or on Vindy.com.