Insured's fault

In insurance it is customary to distinguish between gross or willful insured’s fault and negligence. Gross insured’s fault is a sufficient reason for insurer to refuse to pay insurance indemnity or to pay it on a compromise basis, depending on the nature and amount of loss. Gross fault may manifest itself, for example, in failure of insurer to comply with obligations regarding safety of an insurance facility. Carelessness or negligence on behalf of insured, if they do not have sufficiently serious consequences, may be considered by insurer as excusable reasons in deciding whether to pay insurance indemnity.