Forest fires are generally consciously or unconsciously the work of man for various reasons. Fires generated byvoltaic arc between power lines and the underlying trees do not occur often. These few cases may be only demonstratedby analyzing around the site where the arc may have been generated. Material such as leaves, bark and soil can beanalyzed to find the metallic residues from the fused cables. The electrical cables usually composed of aluminum orcopper alloys, when involved in an electric arc may spray fused micro-drops of metals, increasing the natural levelof such elements. In two cases, the Al and Cu concentrations were increased by between 2.56 to 13.9 times thebackground levels. Electron microscopy of leaf surfaces has identified some profound alterations produced by theintense heat of the electrical discharge.
In 2009-2013, U.S. fire departments responded to an estimated average of 56,000 structure fires per year in homes that involved heating equipment. These fires resulted in annual losses of 470 civilian deaths, 1,490 civilian injuries, and $1.0 billion in direct property damage. These homes included one- and two-family homes (including manufactured homes) and apartments (including townhouses and other multi-family dwellings).Space heaters are the type of equipment most often involved in home heating equipment fires, figuring in two of every five fires (40%). The fires involving space heaters accounted for 84% of the civilian deaths and 75% of civilian injuries in home fires caused by heating equipment, as well as over half (52%) of direct property damage. Another one-third (32%) of fires involved a fireplace or chimney, but these fires accounted for a much smaller share of civilian fatalities (5%) and civilian injuries (6%). Central heat and water heaters were responsible for 12% and 10% of home fires caused by heating equipment, respectively.
From Out of the Abyss...
This week’s article from the past is titled Incendiary Fires Can Be Spotted and was written by Benjamin Horton, CPCU, who was President of the National Adjuster Traing School in Louisville, Kentucky.. It is taken from the Decembe 1968 Vol. XVI No.5 issue.
Incendiary Fires Can Be Spotted
In the new issue of NFPA Journal®, President Jim Shannon said the Association will focus on the leading causes of home fires, including cooking. "We also need to continue to push hard for home fire sprinklers. That's still a large priority for NFPA, and we plan to work very aggressively in 2014 on our residential sprinkler initiative," he said.
What is Ethics? There are many famous people throughout history who have commented on this topic.
~~“The most important persuasion tool you have in your entire arsenal is integrity.” ~Zig Ziglar
~~“Educating the mind without educating the heart is no education at all.” ~Aristotle
~~“Education without values, as useful as it is, seems rather to make man a more clever devil.” ~C.S. Lewis
One evening around 6:15 PM a few months ago I received a page to a reported structure fire at an address I knew to be a hotel. I responded and arrived several minutes after the first-in engine company had reported on scene. Enroute I understood from radio traffic that the fire was extinguished by the building sprinkler system, and a second crew was securing the sprinkler system to shut off the water.
As I entered the building I was directed by a firefighter to the second floor elevator lobby where a crew was busy with dewatering. The Captain showed me where the fire had started, which was in a trash container closet just off the elevator lobby. The closet itself was bare except for two 40 gallon plastic trash cans with black plastic liners. There was no sign that there had been any fire at all. The white enamel walls were clean, without even smoke deposits.
by: Larry Arnold
Faced with growing losses, insurance companies are focusing on fraud management and implementing risk mitigation controls, while at the same time remaining cognizant of their duty of good faith to policyholders. So what happens when an insurer makes good faith payments on legitimate elements of an insurance claim but subsequently uncovers fraud in other elements of the claim? Is the insurer entitled to recover all monies paid as part of the claim? Or only the amount paid in reliance on the insured's misrepresentations?
Previously, there was no clear answer. It was safe to assume that an insurer could recover monies paid on a claim under the right circumstances – the difficulty occurred when trying to recover payments made prior to the established fraud date. For example, in California, the insurance code states, “If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time the representation becomes false.”
Recent trial court rulings in favor of insurance companies, however, are changing the claims landscape. These rulings will impact the way insurance companies handle genuine claims that are subsequently tainted by fraud, encouraging them to be proactive in recouping good faith payments.
Steps for Recouping
What options do insurance companies have to recoup these payments? There are several avenues available.
Deny the Claim. When the SIU has completed a claims investigation and determined that an insured has breached the policy by materially misrepresenting facts, the claim can be denied – even the legitimate part. Appropriate cases should be referred to law enforcement for prosecution. In addition, the insured has a duty to present and prove the merits of the claim. Failure to cooperate with insurance company representatives can independently result in denial of the claim. This includes an examination under oath (EUO), which plays a key role in obtaining information. Typically, the named insured (or others, as dictated by the policy) is required to submit to an EUO as a precondition for claims settlement. Failure to do so can result in denial of the claim.
Void the Policy. An insurer may void or cancel its policy in the event of material misrepresentation or concealment of facts by the insured. This includes fraudulent claims.
Litigation. If a policy is voided for fraudulent claims, insurers must then decide whether to sue the insured to recoup payments - even legitimate ones. One advantage with litigation is that it allows for pretrial discovery process, including depositions and the ability to subpoena documents previously unavailable during the claims process.
A Case in Point
A recent case illustrates that insurance companies are entitled to recoup good faith payments when fraud is uncovered. Here is some background on the case.
An insurer issued a fire insurance policy to the owner of a dry cleaning business located in Southern California. A fire destroyed the business, so the owner submitted claims for replacement equipment, debris removal, damage to customer goods and loss of business income. Based on these claims, the insurance company paid the owner $527,000.
However, during the insurance company’s investigation of additional claims, a forensic accountant uncovered inconsistencies in a laundry services contract submitted as part of the owner’s claim for loss of business income. As a result, the owner was asked to sit for an EUO. The owner declined and withdrew his pending claim. The insurer then declined the claim, rescinded the policy and sued the business owner to recoup all loss payments.
At trial, evidence and witness testimony was presented that showed the owner had falsified the laundry contract and also inflated amounts paid for replacement equipment, debris removal, and payroll, among other items. Attorneys argued that the insurer was entitled to full recovery (payments made before the fraud occurred) for several novel reasons, including:
Though portions of the claim were legitimate, the judge ruled in favor of the insurer and its decision to rescind the fire insurance policy. The insured was ordered to repay $452,064, which represented all payments less monies paid to customers who lost clothing in the fire and the policy premium.
Implications for Insurers
This decision is important as it reinforces the rights of insurance companies not only to decline a claim when fraud is uncovered but also to rescind a policy and sue the insured to collect good faith payments. Previously, the law was not clear about what happens to monies paid as part of a legitimate claim, when fraud is discovered in a separate area. It is now clear that fraud in part of a claim translates to fraud in the entire claim.
Claims managers should have an open discussion with claims adjusters and SIU team members, with the goal of establishing a claims review protocol that outlines what to look for and what to do if fraud is suspected. This is critical, as claim adjusters are the first line of defense against fraud. Once fraud is uncovered, insurance companies should not hesitate to consult with an attorney and pursue the insured in order to recover monies already paid. In the end, both insurance companies and policyholders will benefit by reducing the high cost of fraud.
Larry M. Arnold, P.C., is a senior partner at Cummins & White, LLP. He can be reached at (949) 852-1800,
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