Baker v. Commercial Union Insurance

The plaintiff Merton Baker seeks compensation for the loss of his home, which was destroyed by a fire set by his then wife, Susan (Baker) Garland. The defendant Commercial Union Insurance Company (Commercial), the insurer of the Baker home, has refused to pay Baker on the grounds that Baker’s wife intentionally set the fire and then neglected to use reasonable means to save and preserve the property. Commercial asserts that since Baker and his wife were named as joint insureds, the wife’s conduct precludes recovery by Baker. Kosior v. Continental Ins. Co., 299 Mass. 601 (1938). The plaintiff…