Is a damaged or stolen headstone covered by insurance? Here's what families need to know before paying for repairs or replacement out of pocket

According to WMTV 15 News, the plot held the remains of Captain William Henry Harrison Macloon, a coal dealer in Janesville who died in 1910, and the urn had been a notable fixture at the gravesite for decades.

“Nobody should step that low to take something that’s here to honor somebody that came before them,” said Paul Williams, a retired Janesville resident who looks after and restores headstones at Oak Hill Cemetery, according to WMTV.

Could insurance cover this loss?

According to experts, the theft at Oak Hill Cemetery is a good example of why families shouldn’t assume the cemetery or the insurance company will automatically pay for their loss.

“The urn had been beside the grave for over 100 years, and there were reportedly no living descendants to notice the loss or pursue having it handled,” David Gammill, trial attorney and founder at Gammill Law Accident and Injury Lawyers, told Moneywise.

Some homeowners and renters policies cover grave markers, Gammill noted, even when they're located away from the insured home. “A standard policy can cover headstones, monuments and mausoleums against vandalism, theft, fire, falling objects or vehicle damage,” he said. “Coverage limits are fairly modest, up to $5,000 for grave markers.”

Coverage typically doesn't apply to regular aging, gradual cracking, sinking soil, poor installation, weather-related effects or neglected maintenance. There's also the deductible for insured parties to cover, which in some cases isn’t feasible.

“If you file a $2,000 claim under a policy with a $1,500 deductible, that may not make financial sense,” Gammill noted.

As for determining responsibility, the cause of the damage is the biggest issue.

“The family or plot owner owns the monument, and the cemetery controls the grounds,” Gammill said. “A cemetery is responsible if its workers damage the stones, if it fails to follow the maintenance duties, or if it ignores a known and serious security problem.”

If an unknown person committed vandalism, as in the Oak Hill Cemetery case, the cemetery is usually not responsible.

“In that scenario, families need to photograph the damage, report theft or vandalism to the police, notify the cemetery and get at least two written estimates from monument specialists before they pay for anything,” Gammill added.

It’s also usually cheaper to repair and reset an existing stone than it is to replace it. “You should also check with the cemetery if they have a maintenance fund, security footage or insurance covering damage caused by their employees,” Gammill advised.

What to do when a plot is vandalized or robbed

A family or gravesite caretaker’s first move when dealing with theft or vandalism is to review their homeowner’s insurance policy.

“Even though the item may be located away from the insured home, some homeowners' policies may cover a grave marker, headstone, monument, mausoleum or similar burial structure,” Everett Lupton, a civil and criminal attorney, as well as the co-founder at the law firm Slaughter & Upton, told Moneywise.

Depending on the policy, coverage may apply when the loss was caused by a covered event, such as theft, vandalism, fire, certain types of storm damage, falling objects or a vehicle collision.

“Some homeowners' policies provide limited coverage for grave markers, mausoleums and similar structures when the damage results from a covered peril,” Lupton said. “However, families should not automatically assume that these items are covered.”

A policy may also have a coverage limit, deductible, exclusions or special claim requirements. That requires checking.

“Damage caused by normal aging, gradual deterioration, poor maintenance, ground movement or an unstable foundation may not be covered,” Lupton added. “Even when a claim is covered, the repair cost may be lower than the deductible, making it impractical to file a claim.”

Families may be able to reduce costs by getting estimates from several qualified monument companies and comparing repair costs with replacement costs.

“In some cases, the monument may only need to be professionally cleaned, repaired, leveled or reset,” Lupton noted. “Historic monuments should be cleaned and repaired by a qualified professional using appropriate methods, as the wrong products, tools or techniques can stain the stone, weaken its surface and cause further deterioration.”