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Breaking Legal Developments

09-10-2001

Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor
palynch@cozen.com
http://www.cozen.com

 

EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. Connecticut Court Upholds Finding Insured Committed Arson Denying Recovery Under Insurance Policy


(1) CONNECTICUT COURT UPHOLDS FINDING INSURED COMMITTED ARSON DENYING RECOVERY UNDER INSURANCE POLICY

In Travelers Ins. Co. v. Namerow; (PDF Format) (SC 16375); Supreme Court Of Connecticut; September 4, 2001, the court reviewed a finding denying the insured recovery under its property policy on the grounds of arson. The insureds contended the fire started in the Mercedes in the garage. The wife claimed she heard an exploding noise and saw dark smoke coming from the car. The insurer initially provided an advance based on the statement of the wife. The fire department initially concluded a catalytic converter may have over heated causing the fire.

Tests of samples from the Mercedes revealed unweathered gasoline. They claimed this ruled out an accidental cause. They also took samples from the garage and found unweathered gasoline. The investigators decided the fire was intentionally set. The jury found on behalf of the insurer. The Supreme Court upheld the finding based on the intentional act exclusion in the insurance policy.

Mr. Lynch can be reached at Cozen and O'Connor, 501 West Broadway, Suite 1610, San Diego, California 92101, 800-782-3366 (voice), 619-234-7831 (fax), palynch@cozen.com (e-mail), http://www.cozen.com. Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at palynch@cozen.com

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