The recent High Court case of Devcich v AMI Insurance
Limited provides an important reminder to insurers of how
difficult it is to prove that the insured has caused the damage
claimed.
This fire occurred shortly after Mr Devcich left home for work
on a weekday morning. AMI declined the claim because it believed it
had grounds to establish that Mr Devcich deliberately set the
fire.
Motive
Mr and Mrs Devcich had lived in their house for several years.
The house appeared to have weathertightness problems, which Mr
Devcich knew were going to be time-consuming and costly to put
right. Mr and Mrs Devcich had tried without success to sell the
property.
AMI said that Mrs Devcich was anxious to move and that Mr
Devcich was in a tight financial situation at the time of the fire.
The Judge accepted that the problems with the house provided Mr
Devcich with a motive for setting fire to it. He also accepted that
the problems he had encountered with his neighbours provided
