United States Second Circuit

Summary judgment to defendant-insurer in suit brought by plaintiff-insured, based on a finding that malicious conduct must be directed at the covered property to fall under the policy’s vandalism coverage, is vacated and remanded, where the New York Court of Appeals answered the certified question as follows: under New York law, malicious damage within the meaning of the policy may result from malicious acts not directed at the covered property, and an insured may establish malice by showing that the vandals exhibited "a conscious and deliberate disregard of the interests of others."

Appellate Information

• Decided 03/12/2014
• Published 03/12/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel