Malice. The Second Circuit has certified a question to the New York State Court of Appeals. In Georgitsi Realty, LLC v. Penn-Star Insurance Co., the Court had to address the question of whether an act performed on adjacent property that caused damage to the plaintiff's property can constitute "vandalism" under the plaintiff's property insurance company. A subsidiary question of whether "malicious damage" may be found to result from an act not directed specifically at the insured property is critical to the resolution of the issue. Because that question had not been decided by the New York State Court of Appeals and because the Second Circuit believed that that Court should have the opportunity to address taht issue, the Second Circuit has certified that question for decision to the New York State Court of Appeals.
The decision in the case can be found here.