Court: Insurance firm doesn’t have to pay for arsonist’s damage
to his own home
By THOMAS BROWN, T&D Staff Writer Tuesday, February 13, 2007
The S.C. Court of Appeals has agreed with a lower-court judge that an insurance company doesn’t have to pay for fire damage to a convicted arsonist’s home.
Michael G. Lee pleaded guilty to three counts of arson Nov. 12, 2002. He was charged with intentionally setting fire to two houses in the Riverbank area on Oct. 8 and 15, 2001. Then, on Nov. 4, 2001, law enforcement officers said they observed Lee intentionally setting fire to his own home.
Lee was arrested in connection with all three fires, and on Nov. 30, 2001, he was released on bond subject to electronic monitoring. While he was out on bond, his home was again set on fire. At the time of this fourth fire, the electronic monitoring device had been tampered with and disabled, police said.
Lee was arrested and charged in connection with that fire, and his bond was revoked. Officials did not pursue a conviction in the second fire at his home after he pleaded guilty to the three other charges, according to the Court of Appeals.
After entering a plea of guilty, Lee was sentenced on Nov. 22, 2002, to 15 years on each count to run concurrently.
Farm Bureau, Lee’s insurer, filed a declaratory judgment action seeking an order from the trial court that the insurance company owed no proceeds to either Lee or his wife, Cheri.
Cheri Lee counterclaimed for coverage under the policy, arguing that she was an innocent co-insured. Farm Bureau admitted she had nothing to do with the fires.
Their home on Timberline Drive in the Huntington subdivision was valued at $200,000.
The matter was referred to a master-in-equity who denied coverage to Cheri Lee on the grounds that the policy precluded any recovery because Michael Lee, whose name appeared on the policy, intentionally set the fire which completely destroyed their residence on Dec. 12, 2001.
The master-in-equity found in favor of the insurance company and issued an amended order finding that Farm Bureau had met its burden and proved all the elements of civil arson.
Last week, the Court of Appeals upheld the findings of the master-in-equity. In its analysis of the case, the Court of Appeals stated that “Farm Bureau relied on the specific policy exclusion contained in Michael and Cheri Lee’s homeowners’ policy to deny coverage.”
Their policy stated that if any person insured under the policy causes a loss of the property covered for the purpose of obtaining insurance benefits, the policy is void and the company will not pay for the loss.
Michael Lee has served four years of his 15-year sentence. He will be eligible for parole in eight years.
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