New York Underwriters Insurance Co. v. Trustees of First Baptist Church of Ranger

McCLOUD, Chief Justice.

The Trustees of the First Baptist Church of Ranger, James Clark, Luther Fambro, Jerry Edwards, Kenneth Kirk and Bill McPheeters, sued the insurer of the church building, New York Underwriters Insurance Company, for damages to the building allegedly caused by malicious mischief. The jury found that the damage to a commode tank was caused by malicious mischief, and it would cost $9,767.10 to repair or replace carpet and other items damaged by water from the broken tank. The insurer appeals. We reverse and render.

The jury was instructed that, “Malicious mischief is a…