Ditloff v. State Farm Fire & Casualty Co.

Plaintiffs have appealed the order of the district court for York County, Nebraska, overruling their motion for a new trial, which followed the court’s order sustaining the defendant’s motion for a directed verdict at the close of the plaintiffs’ case.

Plaintiffs brought this action against the defendant for payment under their insurance policy for direct loss to their property caused by “[vandalism or malicious mischief, meaning only wilful and malicious damage to or destruction of property.” Plaintiffs alleged in their petition that vandals willfully and maliciously opened the gate on one of…