Can a homeowners insurance company deny a fire claim with an unsubstantiated accusation of arson against the homeowner?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a homeowners insurance company deny a fire claim with an unsubstantiated accusation of arson against the homeowner?

A fire somehow started on my boat and spread to my house. It destroyed both but the claim was denied; they accused me of arson. I was home but I didn’t start the fire.

Asked on August 26, 2019 under Insurance Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless and until you sue the insurer for breach of contract (see below) and win, they can deny a claim if they believe that under the terms of the policy, they do not have to pay--and arson is an exception to payment (people may not profit by their own arson).
The insurance policy is a contract. If you believe they are violating the terms of the policy by not paying when they should, you could sue the insurer for "breach of contract." If you prove in court that under the facts of the case as well as the terms of the policy that they should pay, the court will order them to do so. They can attempt to defend by presenting their evidence as to why the believe this was arson and so excluded.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption