Is there an exclusion for stupid? Join Alissha, Mike, and Tim to discuss bad decisions, wedding rings stuck on fingers, dumpster fires, and whether the choice to set off a firework inside a house is considered "intentional" under the policy.
Notable Timestamps
[ 00:17 ] - The insured's son set off a firework in the house for the excitement, causing fire damage. The homeowners file a property claim.
[ 01:26 ] - Alissha, Mike, and Tim discuss their opinions on fireworks, sneaking over the state line, exploding toys, dog ownership, and dumpster fires.
[ 04:12 ] - There's no exclusion for "stupid" (i.e. negligence), at least not prior to the loss.
[ 07:34 ] - There is an exclusion for intentional loss. "Intent" usually applies both when the actor intends the consequence, and when they know the consequences are substantially certain to result.
[ 08:46 ] - The fact that the son was intoxicated would not establish an insanity defense.
[ 10:36 ] - The son was living in the house, even though he spent much of the year at college, and would be considered an insured so no subrogation is possible.
[ 11:50 ] - For very young children, their young age can imply that they are not appreciating the consequences of their actions and that can speak to intent.
[ 13:04 ] - The team discusses scenarios where an adult intentionally set a fire so that her husband could heroically put it out, where someone breaks a ring to get it off their swelling finger, and where someone smashes a window to break into their own house.
[ 17:24 ] - Tim provides a recap of the scenario and the points above.
Your PLRB Resources
Homeowners annotation on the intentional loss exclusion - https://search.plrb.org/?dn=37&src=gsa
Does a Farm Policy Cover Injury to a Semi Driver Caused by Water Balloons Tossed from Insured's Vehicle? - https://search.plrb.org/?dn=17362&src=gsa
Cutting Off Ring That is Stuck On Swollen Finger… Intentional Loss? - https://search.plrb.org/?dn=67944&src=gsa
Is Damage to Property of Others Coverage Available Under a Homeowners Policy for a Window Broken by the Insured Tenant's Son at a Rental Property? - https://search.plrb.org/?dn=73010&src=gsa
CE course on Intentional Versus Negligent Conduct For Casualty Adjusters - https://www.plrb.org/public2/dislearn/description.cfm?mod=p0056
CE course on Subrogation Claims - https://www.plrb.org/public2/dislearn/description.cfm?mod=p0050
Webinar on Fire Loss Investigation Strategies - https://www.plrb.org/distlearn/webinars/vplayer.cfm?vid=w0024
Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/container.cfm?conlink=sec/cq/default.cfm) at no additional charge to you or your company.
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The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.
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