A fire insurance policy that excludes coverage for intentional acts or criminal conduct of "any" insured does not preclude coverage for innocent insureds who suffer loss because of a co-insured's intentional or criminal acts. Century National Insurance Company v. Jesus Garcia et al, Case No. S179252 (S. Ct. February 17, 2011).
The Garcias were insureds under a homeowner's policy when their adult son intentionally set fire to their home. The home sustained substantial damage, and the Garcias filed a claim under their policy to recover for their loss. The carrier denied the claim, and sued the Garcias. In the lawsuit, the carrier sought a ruling that the policy excluded coverage for intentional acts or criminal conduct of "any insured," and that the Garcia’s adult son was an insured for purposes of applying the exclusion.
Please see full publication below for more information.