Smyth v St Andrew's Insurance Plc

Smyth v St Andrew's Insurance Plc

The insurer failed to prove on the balance of probabilities that Mr Howe deliberately started the fire. The evidence supports the conclusion that the fire was more likely started accidentally by Ms Alexander, a regular smoker, who carelessly discarded or accidentally dislodged a lit cigarette in her messy bedroom...

Source-derived case information.

Parties
Claimant: Jonathan Smyth; Defendant: St Andrew’s Insurance plc
Jurisdiction
England and Wales
Judgment Date
17 September 2012
Procedural Posture
Damages Claim / Judgment After Trial on Liability Only
Outcome
Judgment for the claimant on liability.
Legal Topics
Burden of Proof, Standard of Proof, Policy Exclusions, Accidental Vs Deliberate Causation, Fire Damage Claims
Insurance Law Civil Procedure Burden of Proof Standard of Proof Policy Exclusions Accidental Vs Deliberate Causation Fire Damage Claims

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Summary, issues, holding and outcome

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Parties

Jonathan Smyth

Claimant

St Andrew’s Insurance plc

Defendant

Procedural Posture

Damages Claim / Judgment After Trial on Liability Only

Legal Issues

  1. 1 Whether the fire was started deliberately by Mr Howe, thus triggering the policy exclusion for vandalism by a family member
  2. 2 Whether the fire was started accidentally by Ms Alexander, entitling the claimant to indemnity under the policy

Ratio Decidendi

The insurer failed to prove on the balance of probabilities that Mr Howe deliberately started the fire. The evidence supports the conclusion that the fire was more likely started accidentally by Ms Alexander, a regular smoker, who carelessly discarded or accidentally dislodged a lit cigarette in her messy bedroom while agitated and in a hurry to leave. The policy exclusion for vandalism by a family member does not apply; liability is established.

Court Disposition

Judgment for the claimant on liability.

Orders

  • Insurer liable to indemnify claimant for fire damage under the policy.