The court considered whether Aviva Insurance Company of Canada was required to defend or indemnify Udo Haan under a homeowner’s policy after Haan, found not criminally responsible for killing his wife and causing an explosion that damaged neighbouring homes, was sued by neighbours.
The court found that Haan’s actions were both intentional and criminal, triggering the policy’s exclusion clause.
As a result, Aviva had no duty to defend or indemnify Haan in the civil actions brought by his neighbours.