Arson Arrest Relied Upon by Insurer is Immunized from Suit by Arsonist

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In Mary Frances Beck v. Metropolitan Property & Casualty Insurance Company, an insurance company and foreign corporation, Case No. C21-5108 BHS, United States District Court Western District Of Washington At Tacoma (May 20, 2021) after Ms. Beck’s criminal charge of arson was dismissed so she could enter a felony diversion program, sued her insurer for bad faith because it denied her claim.

ZALMA OPINION

The state of Washington, like many states, provides an immunity to insurers from suit by a person who criminally causes a loss to property, the risk of loss of which was insured. The immunity clearly applied since Beck was charged with arson, the charge was never dismissed but she was placed in a felony diversion program, which would include an acceptance of the fact that a crime was committed. The suit against Met Life was inappropriate and the summary judgment was granted appropriately.