In an unpublished decision, the California Court of Appeal found no prejudicial error in the introduction of evidence of a four year old arson to the insured’s vehicle in an insured’s trial for arson and insurance fraud involving his business.
Valerio’s business was having financial difficulty. Six weeks after taking out a business insurance policy, a fire occurred. The investigation revealed gasoline and road flares were used to start the fire. Four years earlier, Valerio had presented an insurance claim for arson to his vehicle which also involved the use of gasoline and road flares. (The claim was paid and no criminal charges were brought.) Valerio was convicted of arson and insurance fraud, based in part on this prior act evidence. On appeal, he claimed the introduction of the prior arson was prejudicial. The appellate court affirmed, concluding that the evidence of the prior fire was not inadmissible, because “other act” evidence may be admitted when relevant to prove some other material fact, including intent, knowledge, identity, motive, or the existence of a common design or plan.
To view the opinion, click HERE.
In every country, particularly in highly industrialized ones, fire kills a significant percentage of people. In the U.S., it is one of the five leading causes of accidental death with about 3,500 fire deaths reported per year (12 per million population).1 In the UK, 451 fire-related deaths were reported in 2008 (7.1 deaths/1000 dwelling fires or 7.3 per million population).2 Scotland reported only 47 fire fatalities in 2010-11 and 59 for 2009-10.3 These figures are about half of what they were in the 1970’s. The involvement of the investigator or forensic specialist in fatal fires can come in any form, from any sector, and challenge one’s talents and knowledge to come to just and accurate conclusions. These cases require the highest degree of cooperation between the investigators who all have contributions to make towards a successful investigation. When deaths occur in a fire, the event becomes the focus of the press and the public as well as police, fire, insurance, and forensic professionals. When problems occur, they can have far-reaching consequences.
Eldorado National-Kansas (Eldorado) is recalling certain model year 2010-2015 Amerivan and Amerivan 10 vehicles manufactured September 1, 2009, to March 28, 2016 on Dodge and Chrysler minivan chassis. The crimp fastener on the fuel line assembly of the affected vehicles may not be fully crimped, allowing fuel to leak at the hose to fitting assembly.
Find the details at NHTSA
This recall involves Rheem brand “Performance Platinum” electric water heaters in 40, 50 and 80 gallon capacities. The recalled water heaters are gray and have the “Performance Platinum” Rheem logo decal on the front above the thermostat control panel. The water heaters have a rating plate near the bottom of the unit with the model number, date of manufacture and serial number. Recalled water heaters have the following model number and have a serial number within the following ranges:
Serial Number Ranges
A0114XXXXX to A5214XXXXX
M0114XXXXX to M5214XXXXX
Q0114XXXXX to Q5214XXXXX
A1015XXXXX to A1615XXXXX
01Jan2014 – 21Dec2014
03Mar2015 – 13Apr2015
03Mar2015 – 13Apr2015
1Jan2014 – 21Dec2014
CCAI was recently contacted by CBS (San Francisco) News Investigative Reporter, Julie Watts, regarding fire retardant chemicals in child car seats, and was looking for footage of burning vehicles. We were happy to help.
SAN FRANCISCO (KPIX 5) — Car seats are the only consumer product that parents are legally required to purchase in every state, though they are also commonly used outside of the car as strollers seats, swing inserts and as a place for babies to sleep inside the home.
A recent KPIX investigation repeatedly uncovered concerning, even cancer-causing, chemicals in a majority of the car seats tested. Then, using biomonitoring, we linked high levels of cancer-causing flame retardants in a child’s body to the flame retardants in her car seat.
The alleged culprit: the National Highway Traffic Safety Administration’s (NHTSA) 44-year old Federal Motor Vehicle Flammability Standard, FMVSS No. 302.
Click here for the video
Click on the link to see the full investigation.
Toxic Safety: Investigating Car Seat Chemicals
Establishing the cause of a fire through the process of elimination has been a hot topic in recent years, both among subrogation professionals as well as inside the National Fire Protection Association (NFPA). In 2011, NFPA explicitly rejected negative corpus as a reliable methodology in fire investigation. Specifically, NFPA 921-18.6.5 (2011) provided:
Inappropriate Use of the Process of Elimination. The process of determining the ignition source for a fire, by eliminating all ignition sources found, known, or believed to have been present in the area of origin, and then claiming such methodology is proof of an ignition source for which there is no evidence of its existence, is referred to by some investigators as “negative corpus” …. This process is not consistent with the Scientific Method, is inappropriate, and should not be used because it generates un-testable hypotheses and may result in incorrect determinations of the ignition source and first fuel ignited. Any hypothesis formulated for the casual factors (e.g., first fuel, ignition source, and ignition sequence), must be based on facts. Those facts are derived from evidence, observations, calculations, experiments and the laws of science. Speculative information cannot be included in the analysis.
SACRAMENTO – in an effort to protect public safety by reducing the use of toxic flame retardants, Governor Edmund G. Brown Jr. today advised state agencies to revise flammability standards for upholstered furniture sold in the state.
Governor Brown has asked the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation to review the state’s four-decade-old flammability standards and recommend changes to reduce toxic flame retardants while continuing to ensure fire safety.
“Toxic flame retardants are found in everything from high chairs to couches and a growing body of evidence suggests that these chemicals harm human health and the environment,” said Governor Brown. “We must find better ways to meet fire safety standards by reducing and eliminating—wherever possible—dangerous chemicals.” Studies show that humans are at risk from exposure to toxic chemicals used as flame retardants in upholstered furniture. A 2008 study by the Environmental Working Group found that toddlers often have three times the level of flame retardant chemicals in their bodies as their parents, and California children have some of the highest levels of toxic flame retardants in their bodies. A peer-reviewed study by scientists at Cal/EPA found that California women have much higher levels of toxic flame retardants in their breast tissue than women in other states and countries. Researchers from the University of California, Berkeley found statistically significant associations between flame retardant levels in the blood of California women and reduced fertility. The researchers believe this link may result from alterations in thyroid hormone levels after exposure to the chemicals. Numerous studies demonstrate that firefighters have significantly elevated rates of cancer, including non-Hodgkin’s lymphoma and brain cancer. A study published in the Journal of Occupational and Environmental Medicine concluded that firefighters have a significantly elevated risk of cancer that may be attributed to toxic chemicals they inhale, including flame retardants.
The guidelines in place now—Technical Bulletin 117 for flammability standards—will be updated to reflect modern manufacturing methods that can lower the use of harmful chemicals.
The process to change these regulations will include workshops and the opportunity for public comment as well as administrative review.
Governor Jerry Brown State Capitol Building Sacramento, CA 95814
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