Originally published by Brandee Bower.
In a case out of Illinois, an issue was raised regarding the exclusion for intentional conduct when a fire was started at a home.
Metropolitan Casualty Insurance Company issued a homeowners policy to the Streits for their home in Illinois. During the policy period, a fire damaged the home and it was uninhabitable. The Streit’s son admitted to starting the fire, pled guilty to criminal charges and went to prison. At the time of the fire, he lived at home with his parents. The Streits submitted a claim to the insurance company. The policy stated:
4. Under SECTION 1 – LOSSES WE DO NOT COVER:
A. item 1. Intentional Loss exclusion is delete and replaced by Intentional
Loss, meaning any loss arising out of any intentional or criminal act committed:
1. by you or at your direction; and
2. with the intent to cause a loss. This exclusion applies regardless of whether you are actually charged with or convicted of a crime. In the event of such loss, no one defined as you or your is…
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