Legal Opinion

Montgomery v. United Services Automobile Ass'n

New Mexico Court of Appeals

Decided October 28, 1994No. 15786PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BOSSON, Judge.

The single issue in this appeal is whether damage to personal property within a dwelling, when caused by a wild animal, constitutes “vandalism and malicious mischief’ as that term is defined in a renters property and casualty policy. Plaintiffs policy defines vandalism and malicious mischief as “intentional and malicious damage.” While the policy was in effect, a bobcat entered Plaintiffs dwelling and damaged certain personal property. The insurer denied Plaintiffs claim because destruction of property by a bobcat did not constitute “vandalism.” The trial court ruled…

2Cases cited13 opinions

  1. Safeco Insurance Co. of America Inc. v. McKennaNew Mexico Supreme Court · 1977
  2. Garcia v. Village of TijerasNew Mexico Court of Appeals · 1988
  3. Federal Insurance v. Century Federal Savings & Loan Ass'nNew Mexico Supreme Court · 1992
  4. Ivy Nelson Grain Co. v. Commercial U. Ins. Co. of NYNew Mexico Supreme Court · 1969
  5. Board of County Commissioners v. City of Las VegasNew Mexico Supreme Court · 1980

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3Cited by1 opinion

  1. CAPITAL FLIP, LLC v. AMERICAN MODERN SELECT INSURANCE COMPANYDistrict Court, W.D. Pennsylvania · 2019

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