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Home Fires and Innocent Co-Insureds

When one sets fire to property that is jointly owned, is the innocent co-insured out of luck? Recent court decisions are challenging typical policy language.

By Melody S. Mosley | Updated on November 30, 2012

(Editor’s Note: This article has been contributed by Melody S. Mosley, a partner at Cummins & White, LLP, a business and insurance law firm based in Newport Beach, Calif.)

Late one evening, a woman awakened to find her home on fire. Although she escaped unharmed, the house was completely destroyed. A fire department investigation later revealed her husband had intentionally set the fire. The couple technically owned the home together but planned to divorce, and the woman wanted to stay in the house. The home was insured, and so the wife submitted a claim. But was their homeowners’ coverage still valid based on the intentional act of her husband? Did the wife have a right to recover? In California and in a growing number of states, the answer is “yes.” 

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