Personal Responsibility for Intentional Conduct: Protecting the Interests of Innocent Co-Insureds Under Insurance Contracts
Bibliographic record
Abstract
An insured who wilfully damages insured property cannot seek indemnification under an insurance policy because the loss was not a fortuitous one and likely falls within an exclusion clause in the policy. This has historically been referred to as the criminal forfeiture principle, which holds that for public policy reasons a wrongdoer should not be able to benefit from his or her own wrongdoing. The question in situations like this is whether an innocent co-insured should also be barred from recovery for such loss. This article focuses on developments in the law relating to recovery by an innocent co-insured — namely amendments to the British Columbia Insurance Act. The author explores the history of the criminal forfeiture principle and also examines the modern contractual approach to interpreting insurance contracts. This article argues that the modern approach emphasizes property and contract law principles at the expense of protecting the reasonable expectations of an innocent co-insured. The author then examines a key provision in the British Columbia Insurance Act that intends to provide statutory protection for an innocent co-insured. Despite some disadvantages, the author argues that the benefits of the statutory protection outweigh any potential weaknesses.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.009 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.003 | 0.012 |
| Scholarly communication | 0.005 | 0.003 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.006 | 0.004 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".