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Georgitsi Realty, LLC, Appellant v. Penn-Star Insurance Company, Respondent

ROBERT S. SMITH, J.:

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ROBERT S. SMITH, J.:

The United States Court of Appeals for the Second Circuit has asked us two questions relating to a property insurance policy covering acts of “vandalism.” We answer that: (1) malicious damage within the coverage of such a policy may be found to result from acts not directed specifically at the covered property; and (2) to obtain coverage under such a policy, the insured must show malice, defined as such a conscious and deliberate disregard of the interests of others that the conduct in question may be called willful or wanton.

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