An insured who attempted to kill himself by blowing up his house was excluded coverage for property damage under his homeowner’s insurance

The Insured attempted to commit suicide by disconnecting four separate lines supplying natural gas to his residence. The natural gas ignited and an explosion occurred. The Insured was charged with and pled guilty to an offence contrary to s. 436 of the Criminal Code. Since the homeowners policy excluded bodily injury or property damage caused intentionally or resulting from a criminal act, coverage was excluded.

Yates v. Co-Operators General Insurance Co., [2007] O.J. No. 1549, Ontario Superior Court of Justice, G.E. Taylor J., January 10, 2007

Neighbouring homes were damaged in an explosion caused by the insured’s failed suicide attempt. The homeowners sued and obtained a judgment against the Insured, who did not defend the action. The judgment remained unsatisfied. The Plaintiffs brought an action pursuant to s. 132 of the Insurance Act seeking to have the judgment satisfied by the insurance policy. The Insured was charged with and pled guilty to an offence contrary to s. 436 of the Criminal Code, arson by negligence. The policy exclusions stated:

You are not insured for claims arising from bodily injury or property damage caused intentionally by you or at your direction or resulting from your criminal acts or omissions.

The Plaintiffs argued that the mere fact of a conviction did not trigger the operation of the exclusion. They argued that intention was a necessary component. They relied on s. 118 of the Insurance Act for this proposition. The Court referred to Non-Marine Underwriters, Lloyd’s of London v. Scalera, [2000] 1 S.C.R. 551 and R.E. v. Wawanesa Mutual Insurance Co., [2006] O.J. No. 904, and found that the wording of the policy at issue was clear and designed to exclude from coverage criminal conduct not requiring full mens rea. Therefore, the exclusion clause applied.

This case was originally summarized by Sarah Swan and originally edited by David W. Pilley.

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