Tenant Who Caused Gas Explosion Responsible for Damage

Facts: Tenant tried to commit suicide in his twelfth floor apartment by turning on the gas to his stove and taking tranquilizers. While tenant was unconscious, a spark ignited the gas, causing an explosion. The explosion seriously damaged tenant's apartment and a number of neighboring apartments in the building. Tenant survived and was convicted of reckless endangerment in criminal court. Landlord's insurer paid landlord's claim for property damage, and then sued tenant for reimbursement. The insurer claimed that tenant was negligent and that he breached his lease. The insurer asked the court to find tenant negligent without a trial. Tenant claimed that there were questions of fact concerning whether he was negligent and whether his actions caused the damage at the building.

Court: Insurer wins. Tenant was convicted of second-degree reckless endangerment based on conduct that created a substantial risk of serious physical injury to other people. Tenant was bound by the criminal court's finding that he acted recklessly. Tenant's actions were negligent. It didn't matter whether tenant intentionally caused the damage.

Lexington Ins. Co. v. Feingold: NYLJ, 7/2/07, p. 18, col. 1 (Sup. Ct. NY; Diamond, J)