Everyone shutters when they hear Brown Recluse Spiders. They’re
hideous. As the comedian Ricky Gervais so eloquently notes: "They're always ready!"
What would
you do if your home was infested with them—hundreds of them? Most would say,
CALL THE EXTERMINATOR ASAP. Pretty good advice, but I’d recommend calling your
insurance company first. Insurance coverage likely exists—despite what your
insurance company and/or your agent says. Depending on your policy, your insurance
company should pay to exterminate the spiders and provide you a place to live
in the meantime.
These mass infestations are rare, but they do occur. They
occur frequently enough that I’ve had multiple matters dealing with this issue.
This can be a traumatic time for a family, especially if there are children and
individuals with compromised immune systems living in the home.
I wouldn’t be a bit surprised if your insurance company
denies your claim. Don’t worry—there’s hope.
The insurer will likely at least raise two issues. First, it will say
there’s no coverage because there is no “direct physical loss.” Second, it will
deny the claim based on the “insect” exclusion. Neither of these defenses works.
Taking the latter first, spiders are not insects. This is
something we learn in grade school. While some folks may have forgotten it, it
is common knowledge that spiders are not insects. Everything from children’s
books and dictionaries to scientific research papers note the distinction.
Spiders have eight legs and two body parts. Insects have six legs and three
body parts.
Insurers also argue that an infestation is not a “direct
physical loss.” They claim that because
there is no physical damage to structure there is no “direct physical loss.” Courts
around the country have held, in a variety of situations, that there does not
need to be physical damage to structure to have “direct physical loss.” I
have been successful convincing a court and insurer this is the case on two
separate occasions, both of which involved brown recluse spiders.
Of course, depending on the facts of your cases, there may
be other issues. At a minimum, be prepared to address these two arguments from the
insurance industry. Go and fight the good fight.
As always, this is not legal advice and I am not your attorney.
