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Court of Appeals of New York


Georgitsi Realty, LLC v. Penn-Star Insurance Company, 156

The certified questions from the Second Circuit Court of Appeals relating to a property insurance policy covering acts of "vandalism" are answered as follows: 1) malicious damage within the coverage of such a policy may be found to result from acts not directed specifically at the covered property; and 2) to obtain coverage under such a policy, the insured must show malice, defined as such a conscious and deliberate disregard of the interests of others that the conduct in question may be called willful or wanton.

Appellate Information

  • Decided 10/17/2013
  • Published 10/17/2013

Judges

  • SMITH

Court

  • Court of Appeals of New York

Counsel

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