Insurance court dismissed claim for death benefit because defendants were not institutional care recipients under the Criminal Damage Act.

The Insurance Court dismissed the claim for death benefit regarding property damage because the defendants were not considered institutional care recipients under Section 8 of the Criminal Damage Act. Although the defendants received residential services and day care with work activities under the Act on Special Care for Developmentally Disabled Persons, these open care forms did not include restrictions on their freedom. The court ruled that without such restrictions, the defendants could not be classified as institutional care recipients required for the statutory coverage.