Fitzsimmons Law Firm recently obtained a $1.125 Million settlement on behalf
of an insured whose insurance claim was wrongfully denied after she burned
down her house. The insured had suffered from Multiple Sclerosis for over
twenty years which severely affected her brain and cognitive abilities.
As time went on, she developed significant psychological and psychiatric
problems including commitment on several occasions. On the night of the
fire, it was reported that the plaintiff saw demons and attempted to burn
them by lighting an aerosol can. Plaintiff was arrested for arson which
was ultimately dismissed. The insurance company initially denied coverage
claiming that the Intentional Act exclusion in the homeowner's insurance
policy precluded coverage. The insurance company claimed that the insured
had intentionally burnt down her house. Medical records indicated a significant
history of mental disease and the inability to "intentionally"
burn down her house at the time of the fire because of a diagnosis of
"delusion." After multiple depositions, the insurance company
settled for $1.125 Million. The insurance company also paid for full coverage
for the fire damage to the house and personal property.
