Insurer's Claim Dismissed for Accidental Fire

In a recent Superior Court decision, an apartment building burned down. The insurer's expert gave an opinion that it was "most probable" that the tenant caused the fire by smoking on his couch and falling asleep, although other causes could not be eliminated altogether. The insurer sued the tenant. The claim was dismissed on the basis of the Fire Prevention and Protection Act which provides that no claim can be brought as a result of an accidental fire. The Court, relying on previous authorities, determined that a fire will be deemed "accidental" if it cannot be traced to a particular cause on a balance of probabilities. As the insurer could not establish on a balance of probabilities that the tenant was smoking or engaged in careless smoking, the claim against the tenant was dismissed. At Plant Quinn Thiele LLP, we afford our clients a vigorous defence against claims advanced by insurance companies. For a free consultation regarding your insurance or fire loss case, contact Todd K. Plant, 613-563-1131. Ottawa Personal Injury and Fire Loss Lawyers, www.pqtlaw.com