I'm pretty sure the exclusion is for illegal activities on the part of the insured, not on the part of a 3rd party. ;) If I'm Walter-Whiting it in my basement I can't very well file a claim when SWAT kicks my door in and starts tossing flash-bangs, can I?
But in any case, he needs to file a claim. IF his claim gets denied, then he can come after the city.
Note that his home is worth $450k and he tried to get a 600k settlement from the city. Sounds to me like he's just tryna get paid.