Intentional Acts and Unintentional Results

August 18, 2011

I am handling a homeowners liability claim under the HO5 policy. Our insured was conducting a controlled burn on his property. Winds picked up during the burn and caught his neighbor's lawn on fire and damaged trees on the neighbor's property. The expected or intended exclusion states that even if the damage is of a different kind, quality, or degree than initially expected, it is still considered intended. Would this apply to the neighbor's damaged property as well because our insured expected or intended to burn his property but not his neighbor's?

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