NCJ Number
62590
Journal
Forum Volume: 14 Issue: 2 Dated: (FALL 1978) Pages: 205-214
Date Published
1978
Length
10 pages
Annotation
AN INSURANCE COMPANY'S RESISTANCE, IN A CIVIL COURT, TO AN ARSONIST'S ATTEMPT TO RECOVER ON AN INSURANCE POLICY CAN BE A MAJOR WEAPON AGAINST ARSON.
Abstract
A CIVIL DEFENSE HAS THREE ADVANTAGES OVER CRIMINAL PROSECUTION IN ARSON CASES: LEGAL, RESOURCE, AND TACTICAL. LEGALLY, AN INSURANCE COMPANY MAY ESTABLISH THE DEFENSE OF INCENDIARISM BY PRESENTING CIRCUMSTANTIAL EVIDENCE TO SHOW THAT THE FIRE WAS INTENTIONALLY SET, THAT THE INSURED HAD THE OPPORTUNITY TO HAVE IT SET, AND HAD A MOTIVE FOR SETTING THE FIRE. IN CRIMINAL CASES, THE INSURANCE COMPANY HAS A RESOURCE ADVANTAGE SINCE CIRCUMSTANTIAL EVIDENCE CASES REQUIRE ENORMOUS AMOUNTS OF EVIDENCE AND MANY INVESTIGATIVE STEPS, AND SINCE INSURANCE COMPANIES HAVE BOTH MANPOWER AND RESOURCES LACKING TO GOVERNMENT ARSON INVESTIGATORS. THE INSURANCE COMPANY ALSO HAS THE TACTICAL ADVANTAGE OF PROVIDING THE JURY WITH ADDITIONAL LEGAL FIRE POLICY PROVISIONS TO SUPPORT ITS DEFENSE. OTHER ADVANTAGES INCLUDE A LIMITED RIGHT TO CHOOSE THE ACTUAL FORUM IN WHICH THE CASE WILL BE TRIED AND CALLING THE INSURED TO TESTIFY UNDER CROSS-EXAMINATION. THE INSURANCE COMPANY'S INVESTIGATION AND VIGOROUS DEFENSE OF THE ARSONIST'S CIVIL SUIT TO COLLECT UNDER THE POLICY CAN BE A MAJOR HELP IN THE FIGHT AGAINST ARSON. (MJW)