Bryan v. Employers National Insurance

The language in the insurance policy relied upon by the majority does not “preclude recovery if any insured commits a criminal act.” The language is designed to prevent any insured from collecting for a loss resulting by his “fraudulent, dishonest, or criminal act” or for loss resulting from such acts done “at the instigation” of such insured. This language was not intended to give the insurance company an excuse from paying a loss to an innocent insured even though another insured intentionally caused the loss.

The majority has adopted the “guilt by association” doctrine which certainly is…