King v. North River Insurance Company

Ness, Justice:

This is an appeal from a directed verdict granted respondent North River Insurance Company. We reserve and remand for a new trial.

Appellants contracted with respondent for fire insurance coverage on appellant’s warehouse. The contract contained a provision insuring the property against damage caused by vandalism or malicious mischief, for which respondent collected an extra premium. The contract defines vandalism or malicious mischief as “only the wilful and malicious damage to or destruction of the property covered.”

The roof of the warehouse collapsed following a heavy…