A loss must not be the result of the fraud or misconduct of the insured. Common sense requires that where an insured has caused or procured a loss, it cannot be an accidental or “fortuitous” occurrence. In such a case recovery must be refused. In some states, like California, a statute prohibits insurance of intentional acts (California Insurance Code § 533). It should be axiomatic that to pay for an intentional loss defeats the purpose of insurance.
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