Montgomery v. United Services Automobile Ass'n
New Mexico Court of Appeals
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
- Safeco Insurance Co. of America Inc. v. McKennaNew Mexico Supreme Court · 1977
- Garcia v. Village of TijerasNew Mexico Court of Appeals · 1988
- Federal Insurance v. Century Federal Savings & Loan Ass'nNew Mexico Supreme Court · 1992
- Ivy Nelson Grain Co. v. Commercial U. Ins. Co. of NYNew Mexico Supreme Court · 1969
- Board of County Commissioners v. City of Las VegasNew Mexico Supreme Court · 1980
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3Cited by1 opinion
- CAPITAL FLIP, LLC v. AMERICAN MODERN SELECT INSURANCE COMPANYDistrict Court, W.D. Pennsylvania · 2019