Personal Responsibility for Intentional Conduct: Protecting the Interests of Innocent Co-Insureds under Insurance Contracts

Simple item page
dc.contributor.authorAdjin-Tettey, Elizabeth
dc.date.accessioned2021-03-01T20:29:37Z
dc.date.available2021-03-01T20:29:37Z
dc.date.copyright2013en_US
dc.date.issued2013
dc.description.abstractAn insured who wilfully damages insured property cannot seek indemnification under an insurance policy because the loss was not a fortuitous one and likely falls within an exclusion clause in the policy. This has historically been referred to as the criminal forfeiture principle, which holds that for public policy reasons a wrongdoer should not be able to benefit from his or her own wrongdoing. The question in situations like this is whether an innocent co-insured should also be barred from recovery for such loss. This article focuses on developments in the law relating to recovery by an innocent co-insured — namely amendments to the British Columbia Insurance Act. The author explores the history of the criminal forfeiture principle and also examines the modern contractual approach to interpreting insurance contracts. This article argues that the modern approach emphasizes property and contract law principles at the expense of protecting the reasonable expectations of an innocent co-insured. The author then examines a key provision in the British Columbia Insurance Act that intends to provide statutory protection for an innocent co-insured. Despite some disadvantages, the author argues that the benefits of the statutory protection outweigh any potential weaknesses.en_US
dc.description.reviewstatusRevieweden_US
dc.description.scholarlevelFacultyen_US
dc.identifier.citationAdjin-Tettey, “Personal Responsibility for Intentional Conduct: Protecting the Interests of Innocent Co-Insureds under Insurance Contracts” (2013) 50:3 Alta L Rev 615.en_US
dc.identifier.urihttp://hdl.handle.net/1828/12720
dc.language.isoenen_US
dc.publisherAlberta Law Review Societyen_US
dc.subject.departmentFaculty of Law
dc.titlePersonal Responsibility for Intentional Conduct: Protecting the Interests of Innocent Co-Insureds under Insurance Contractsen_US
dc.typeArticleen_US

Files

Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
Tettey-Adjin_Elizabeth_Alta L Rev_2013.pdf
Size:
137.21 KB
Format:
Adobe Portable Document Format
Description:
Download
License bundle
Now showing 1 - 1 of 1
No Thumbnail Available
Name:
license.txt
Size:
2 KB
Format:
Item-specific license agreed upon to submission
Description:
Download

Collections

Faculty and Staff Publications
 
University of Victoria Libraries

We acknowledge and respect the Lək̓ʷəŋən (Songhees and Esquimalt) Peoples on whose territory the university stands, and the Lək̓ʷəŋən and W̱SÁNEĆ Peoples whose historical relationships with the land continue to this day.