NCJ Number
62589
Journal
Forum Volume: 14 Issue: 2 Dated: (FALL 1978) Pages: 192-204
Date Published
1978
Length
13 pages
Annotation
CURRENT TECHNOLOGY AND CASE LAW FOR DEFENDING ARSON-FOR-PROFIT CLAIMS ARE OUTLINED.
Abstract
PROOF OF ARSON IS BEST DEMONSTRATED BY THE PRESENCE OF INCENDIARY DEVICES OR THE UNEXPLAINED PRESENCE OF GASOLINE, TURPENTINE, ALCOHOL OR OTHER ACCELERANTS. OTHER CLASSIC INDICIA ARE MULTIPLE POINTS OF ORIGIN. AVAILABLE LABORATORY TECHNIQUES ARE COMPLEX, AND THE GUIDANCE OF AN EXPERT IN SOLVENT EXTRACTION, INFRARED SPECTROANALYSIS AND GAS CHROMATOGRAPHY IS NECESSARY. A CLASSIC ARSON INVESTIGATION ENCOMPASSES THREE BASIC AREAS: DETERMINATION THAT THE FIRE WAS SET, ELIMINATION OF ACCIDENTAL CAUSES, AND ATTRIBUTION OF A MOTIVE TO THE INSURED BY SHOWING TREMENDOUS RESULTING GAIN. IF THE INITIAL INVESTIGATION DEMONSTRATES EXISTENCE OF A SUSPICIOUS CLAIM, A DECISION MUST BE MADE WHETHER A DEFENSE IS WARRANTED BY THE RIGHTS OF MORTGAGEES OR OTHER SECURITY HOLDERS. POLICY PROVISIONS TO BE CONSIDERED ARE THE STANDARD MORTGAGE CLAUSE AND THE LOSS PAYABLE OR OPEN MORTGAGE CLAUSE AS WELL AS THE RIGHTS OF ANOTHER INSURED, SUCH AS A SPOUSE, UNDER THE POLICY. WHEN A DECISION IS MADE TO DEFEND, PREPARATION IS BEST HANDLED WITH DUE REGARD TO THE BURDEN OF PROOF TO BE MET ON THE ARSON ISSUE AND TECHNICAL DEFENSES THAT CAN BE RAISED SUCH AS FRAUD OR MATERIAL MISREPRESENTATION. THERE SHOULD BE FIRM INSISTENCE UPON EXAMINATION OF THE INSURED UNDER OATH. ARSON CASES GROUNDED ON HARD EVIDENCE, RATHER THAN CONJECTURE, CAN BE WON. (MJW)