Topic
Arson
199 published works
British Columbia Insurance Blog
An arsonist who burns down his house may be entitled to the insurance proceeds if he is insane
Whether the criminal-act exclusion applies in the context of an insured who is found not criminally responsible by reason of mental disorder is an issue that must be settled upon…
Mass Tort Litigation Blog
Arson, Negligence, and the California Wildfire Mass Tort
By joetort
We don't often think of arson as a mass tort. But for those of us in Southern California, it's easy to see why it qualifies. This last week has been…
British Columbia Insurance Blog
A homeowner was not entitled to insurance coverage when her estranged spouse intentionally burned her house down.
The Insurer’s application for summary judgment was granted after the Court found on a balance of probabilities that the husband of the named Insured deliberately set the fire which destroyed…
British Columbia Insurance Blog
An insured who attempted to kill himself by blowing up his house was excluded coverage for property damage under his homeowner’s insurance
The Insured attempted to commit suicide by disconnecting four separate lines supplying natural gas to his residence. The natural gas ignited and an explosion occurred. The Insured was charged with…
ImmigrationProf Blog
Arson at Maryland Day-Labor Center
In "Investigators Declare Fire Was Arson," Lori Aratani of the Washington Post (here) reports on an early morning fire at a day-labor center near Gaithersburg, Maryland that investigators say was…
British Columbia Insurance Blog
Diamond Auto Collision Inc. v. Economical Insurance Group [2005] O.J. No. 2858 Ontario Superior Court of Justice
The Insured operator of a towing facility ("Diamond Auto") was not entitled to recover damages for business interruption loss after a fire where the evidence was insufficient to support this…
British Columbia Insurance Blog
Kerkowich v. Wawanesa Mutual Insurance Co. [2005] M.J. No. 67 Manitoba Court of Appeal
The Manitoba Court of Appeal, in dismissing the Plaintiff’s appeal, held that the trial judge had correctly applied the law with respect to the Insurer’s onus to prove arson. The…
British Columbia Insurance Blog
Torchia v. Royal & SunAlliance Insurance Co. of Canada [2004] O.J. No. 2316 Ontario Court of Appeal
The Court of Appeal upheld a trial decision holding that an insurer ("Royal") was entitled to rely on an exclusion clause denying coverage for "loss or damage resulting from the…
British Columbia Insurance Blog
Bay Bulls Sea Products Ltd. v. Insurance Corp. of Newfoundland Ltd. [2003] N.J. No. 282 Newfoundland and Labrador Supreme Court – Trial Division
The Insurers of a fish plant were unable to prove that the fire which destroyed the plant was arson nor that the Insured had committed any acts which would vitiate…