Hunter v. National County Mutual Fire Insurance Co.

CARVER, Justice.

Our opinion of January 17, 1985, is withdrawn, and the following corrected opinion substituted therefor:

William L. Hunter appeals a judgment non obstante veredicto that he take nothing on his policy claim for vandalism and malicious mischief against National County Mutual Fire Insurance Company. We reverse and render judgment on the verdict of the jury.

It is not disputed that Hunter’s 1973 International dump truck was insured against the risk of vandalism and malicious mischief when its diesel engine failed in June 1980. Witnesses testified that the truck was being used in an…