HALSEY DRUG CO., INC. v. AM. MFRS. MUT. INS. CO.


30 A.D.2d 946 (1968)

Halsey Drug Co., Inc., Respondent, v. American Manufacturers Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 8, 1968


Unanimously reversed and a new trial ordered on the law and the facts, with costs in all courts to abide the event.

Error there was in the Judge's charge when he asserted that a finding of "vandalism" under the policy could be made even though the property destroyed and for which recovery was sought was destroyed "in some manner without any wilful or malicious act" accentuating a right of recovery even if there was no willful or malicious intent. The policy specifically...

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