King v. North River Ins. Co., No. 21809
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | NESS; LEWIS |
| Citation | 297 S.E.2d 637,278 S.C. 411 |
| Parties | Mitchell KING, Jr., Appellant, v. NORTH RIVER INSURANCE COMPANY, Respondent. |
| Decision Date | 22 November 1982 |
| Docket Number | No. 21809 |
Page 637
v.
NORTH RIVER INSURANCE COMPANY, Respondent.
[278 S.C. 412] W. Francis Marion and Frances D. Ellison, of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, for appellant.
Albert Q. Taylor, Jr., of Leatherwood, Walker, Todd & Mann, Greenville, for respondent.
NESS, Justice:
This is an appeal from a directed verdict granted respondent North River Insurance Company. We reverse and remand for a new trial.
Appellants contracted with respondent for fire insurance coverage on appellant's warehouse. The contract contained a provision insuring the property against damage caused by vandalism or malicious mischief, for which respondent collected an extra premium. The contract defines vandalism or malicious mischief as "only the wilful and malicious damage to or destruction of the property covered."
The roof of the warehouse collapsed following a heavy rainstorm. An inspection revealed a beer can and two whiskey bottles lodged in the upper downspout completely blocking drainage from the roof.
At trial, appellants contended the clogged downspout caused water to accumulate and the roof to collapse, and that the downspouts had become clogged through acts of vandalism by persons throwing the bottles on the roof. Appellant's [278 S.C. 413] expert testified that normally the downspouts should have been more than adequate to drain the roof.
Page 638
Respondent contended (1) that the throwing of the bottles on the roof did not constitute vandalism or malicious mischief as defined by the policy, and (2) even if the acts did constitute vandalism or malicious mischief, the vandalism was not the proximate cause of the loss.
On a motion for directed verdict the Court must view the evidence in the light most favorable to the non-moving party. If more than one reasonable inference can be drawn from the testimony, the case should be submitted to the jury. Whisenant v. James Island Corp., et al., 277 S.C. 10, 281 S.E.2d 794 (1981).
"Vandalism" in a comprehensive fire insurance policy should not be construed to apply only to a hostile or wilful destruction, but should be extended to its popular meaning, including any unusual destruction caused by the doing of a wrongful act. Parnell v. Rohrer Chevrolet Company, 95 N.J.Super. 471, 231 A.2d 824 (1967); Great American Insurance Company v. Dedmon, 260 Ala. 330, 70 So.2d 421, 43...
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Griffin v. Griffin, No. 0208
...that can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. King v. North River Ins. Co., 278 S.C. 411, 297 S.E.2d 637 (1982); Tallon v. Seaboard Coast Line R. Co., 270 S.C. 362, 242 S.E.2d 418 (1978). "A verdict should not be directed in a negl......
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Georgitsi Realty, LLC v. Penn–Star Ins. Co., Docket No. 11–4444–cv.
...v. Travelers Insurance Co., 753 F.2d 533 (6th Cir.1985), and by the Supreme Court of South Carolina in King v. North River Insurance Co., 278 S.C. 411, 297 S.E.2d 637 (1982), which examine “malice” in the context of proximate causation and reasonable foreseeability of damage to the insured ......
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Hogs Unlimited v. Farm Bureau Mut. Ins. Co., No. C0-85-2270
...property was in conscious or intentional wrongful disregard of the rights of others in the property. King v. North River Insurance Co., 297 S.E.2d 637 (S.C.1982); Couch on Insurance (2d rev.ed.) § 42:631 (1982). In other words, the malice in malicious mischief is directed not at the propert......
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Cudd v. John Hancock Mut. Life Ins. Co., No. 0031
...verdict, the trial court is bound to consider the evidence in the light most favorable to the plaintiff [ King v. North River Ins. Co., 278 S.C. 411, 297 S.E.2d 637 (1982); Cain v. Noel, 268 S.C. 583, 235 S.E.2d 292 (1977) ]; and if the evidence permits but the single reasonable inference t......
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Griffin v. Griffin, No. 0208
...that can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. King v. North River Ins. Co., 278 S.C. 411, 297 S.E.2d 637 (1982); Tallon v. Seaboard Coast Line R. Co., 270 S.C. 362, 242 S.E.2d 418 (1978). "A verdict should not be directed in a negl......
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Georgitsi Realty, LLC v. Penn–Star Ins. Co., Docket No. 11–4444–cv.
...v. Travelers Insurance Co., 753 F.2d 533 (6th Cir.1985), and by the Supreme Court of South Carolina in King v. North River Insurance Co., 278 S.C. 411, 297 S.E.2d 637 (1982), which examine “malice” in the context of proximate causation and reasonable foreseeability of damage to the insured ......
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Hogs Unlimited v. Farm Bureau Mut. Ins. Co., No. C0-85-2270
...property was in conscious or intentional wrongful disregard of the rights of others in the property. King v. North River Insurance Co., 297 S.E.2d 637 (S.C.1982); Couch on Insurance (2d rev.ed.) § 42:631 (1982). In other words, the malice in malicious mischief is directed not at the propert......
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Cudd v. John Hancock Mut. Life Ins. Co., No. 0031
...verdict, the trial court is bound to consider the evidence in the light most favorable to the plaintiff [ King v. North River Ins. Co., 278 S.C. 411, 297 S.E.2d 637 (1982); Cain v. Noel, 268 S.C. 583, 235 S.E.2d 292 (1977) ]; and if the evidence permits but the single reasonable inference t......