Hatley v. Truck Insurance Exchange

This is an action on the Vandalism and Malicious Mischief Endorsement of a policy of property insurance. Plaintiff had a verdict and judgment below and defendant insurer appeals.

Plaintiff operates a carpet and drapery, store in downtown Milwaukie. His store building sits back *609about twenty feet from the curb with grass and shrubs planted in the area between the curb and the building. In warm weather plaintiff watered this area during the day, using soaker hoses attached to an outside faucet. As the ground sloped downward from the curb to the building, plaintiff placed the soaker hoses near the…