We do not cover loss to the system or appliance from which the water escaped. Ms. Bowers contends the purpose of the Farmers' policy was to insure her as landlord from accidental loss to the insured rental property. She argues there should be coverage for this loss under the coverage for vandalism or malicious mischief because the tenants willfully, wantonly and recklessly damaged her property. In response, Farmers argues the cause of Ms. Bowers' loss is mold, not vandalism or malicious mischief. In plain language, the policy excludes loss due to mold.
Farmers maintains there is no ambiguity or provision in conflict with the exclusion.
Farmers asks this court to enforce the exclusion. The Farmers' policy specifically covers loss caused by vandalism or malicious mischief, but does not define those terms. Courts interpret insurance contracts as an average insurance purchaser would understand them and give undefined terms in these contracts their 'plain, ordinary, and popular' meaning. Webster's, supra, at 1367. A person who acts willfully acts knowingly.