Battishill v. Farmers Alliance Insurance

OPINION

MINZNER, Justice.

{1} Appellant Farmers Alliance Insurance Company appeals from the Court of Appeals’ opinion reversing summary judgment in its favor on Appellee Cary Battishill’s claim under a homeowner’s policy. See Battishill v. Farmers Alliance Ins. Co., 2004-NMCA-109, 136 N.M. 288, 97 P.3d 620. The question on appeal is whether the policy section covering all risks except “vandalism and malicious mischief’ excluded acts of arson. The Court of Appeals held that the phrase “vandalism and malicious mischief’ did not encompass acts of arson because both terms were susceptible to…