Judge Critiques Exclusion Clause In Homeowner Policy

A recent Ontario Superior Court decision may prompt legislative changes with respect to intentional damage exclusion clauses in homeowner policies in Ontario. In Soczek v. Allstate Insurance Co., 2017 ONSC 2262, Morgan J. addressed whether a standard form exclusionary clause which excluded coverage for loss or damage resulting from an intentional or criminal act by any person insured by a homeowner policy applied to the plaintiff's claim for compensatory damages as a result of a house fire set by her husband.  These exclusionary clauses tend to be standard in Ontario homeowner policies.

The claim arose from a house fire set by the plaintiff's abusive husband who burned down their house when he poured gasoline on the plaintiff and lit her on fire in an attempt to kill her. The plaintiff's husband was convicted of attempted murder and was sentenced to a 12-year prison sentence. Substantial damage was done to the home as a result.