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Husband can’t recover insurance proceeds after wife burns down house

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The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.

Callie Deeter, believing her husband Rick was having an affair, intentionally set fire to their home. The Deeters had a homeowners insurance policy with Indiana Farmers Mutual Insurance Co. insuring their home for $124,000. The policy contained an exclusion for intentional loss committed by an insured.  

Farmers refused to pay on the insurance policy because Callie Deeter intentionally burned down the home, thus it fell under the intentional loss exclusion of the insurance policy. Rick Deeter filed a claim for insurance proceeds, and both parties sought summary judgment. The trial court ruled in favor of the insurer.

The Court of Appeals rejected Rick Deeter’s arguments that the innocent spouse rule should apply in this case and that the policy exclusion shouldn’t apply because his wife did not intend to burn the house down to collect the insurance money.

“The undisputed designated evidence shows that Callie purposefully and intentionally burnt down her home, and Farmers was within the scope of its contractual rights to deny the Deeters’ insurance claim in accordance with the intentional loss exclusion contained in the policy,” Judge John Baker wrote in Rick Deeter v. Indiana Farmers Mutual Insurance Company, 43A04-1305-PL-229.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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