A criminal conviction is prima facie evidence of an intentional act which would exclude coverage under most insurance contracts

Appellant insured’s criminal conviction for intentionally setting fire on his property establishes a successful prima facie case by insurer at trial and shifts the burden to the insured to show a genuine issue for trial.

Ecclesiastical Insurance Office plc v. Michaud, [2008] M.B.J. No. 387, Manitoba Court of Appeal, M.A. Monnin, R.J.F. Chartier and A.D. MacInnes JJ.A., November 13, 2008

The appellant was convicted criminally of arson and arson-related offences in respect of an explosion and fire that destroyed his property.  He sued his insurer, the respondent, for indemnity under his insurance policy and the respondent sued the appellant for the amount it had been required to pay a mortgagee pursuant to a standard mortgage clause in the insurance contract.  Both actions were heard by chambers motion and in both case the respondent insurer was granted summary judgment on the basis that the appellant had not demonstrated that there was a genuine issue for trial and that the certificate of the appellant’s criminal conviction established a prima facie case for success by the respondent in each trial.

The appellant argued that his denial that he had anything to do with the explosion and fire established a genuine issue for trial.  The Court of Appeal disagreed, holding that while the appellant’s denial may raise a credibility issue, more was required to raise a genuine issue for trial.  The appellant’s bare denial did not raise sufficient evidence to overcome the prima facie case established by the certificate of his criminal conviction.

This case was originally summarized by W. Jay Havelaar and originally edited by David W. Pilley.

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