When Mentally Ill Son Sets Fire to House in an Attempted Suicide May his Innocent Parents Recover?

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When an insurer denies a claim because of an intentional act exclusion and whether his co-insureds were entitled to recover indemnity for losses caused by the insured acting intentionally.

In Kentucky, in Foreman v. Auto Club, 2018-SC-0618-DG, Supreme Court of Kentucky (February 18, 2021). Foreman brought a declaratory judgment action to establish that Auto Club owed payment under a homeowner’s insurance policy for property damage caused by a house fire started by their teenage son, Logan, in a suicide attempt. Auto Club denied liability based on the intentional-loss exclusion in the policy.

ZALMA OPINION

It is difficult to imagine that a parent reasonably expected to be excluded from homeowners’ insurance coverage if his or her child, struggling with mental health issues, starts a fire in the house during an attempted suicide. The Kentucky legislature should note that it is time to enact greater protections for innocent co-insureds.