image image image image image image
by Scott Savage
Third Degree Communications

Why apply science to law enforcement critical incident response?

It seems law enforcement activities are under more scrutiny than ever before. During incident reviews and court trials, incident commanders are often forced to explain why they made certain decisions. Note that any law enforcement officer, even first arriving junior officers, may be the de facto "incident commander" until relived by a supervisor.

Other public safety professionals who make tough decisions, such as paramedics and hazardous materials technicians, rely heavily on the science of anatomy and chemistry (respectively) to guide their decision making. What science do we as law enforcement officers rely on? If you were being questioned by a grand jury about your decisions at a critical police incident, what science can you cite as the foundational rationale for why you did what you did?

According to Sid Heal, author of such renowned texts as "Field Command" and "Sound Doctrine: A Tactical Primer", tactical science is "the systematized body of knowledge covering the principles and doctrines associated with tactical operations or emergency responses and reconciling scientific knowledge with practical ends." [1]

Whether we give it a formal name like tactical science or not, the study and application of principles such as "defining the commander's intent" and "out maneuvering a suspect" are keys to success. Tactical science is not lofty academic theory, but rather well-established and sound principles to help guide our decision making.

Consider an incident commander leading an operation to apprehend a dangerous suspect who has fled into the neighborhoods. His decision making may have a range of consequences such as: allowing the suspect to escape and therefore endangering the public, inconveniencing citizens by closing down streets, and even costing his agency lots of overtime expenditures as he brings in additional resources. How does he decide what to do and can he later justify his decisions? Fortunately, the incident commander is well versed in tactical science and makes decisions based on sound principles. He knows statistically how fast a suspect will run and how to employ an envelopment tactic to catch him. He knows how to most efficiently employ his personnel so his impact to the public and overtime cost is only what is necessary. He clearly defines his "commander's intent" to his personnel who quickly implement his plan and apprehend the suspect. If asked to explain his decisions he can point back to current tactical science books and training courses as the basis for those decisions.

Understanding tactical science or becoming a tactician isn't just for those assigned to SWAT teams. Anyone who may find themselves being an incident commander, even for a short time, can benefit from a basic understanding. That understanding doesn't automatically come with being promoted or having time on the job. Instead it comes with years of experience, attending trainings and studying the relevant literature from the experts.

Scott Savage instructs the Third Degree Communications course entitled "Response Tactics for Critical Incidents and In-Progress Crimes".


[1] Charles "Sid" Heal, Field Command, (New York: Lantern Books, 2012), 11.

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.



This recall involves the EFLC1105 E-flite Ultra Micro-4, 4x9W, AC/DC Battery Charger from E-flite. The charger has four independently functioning charge circuits with a LED status display. Each port can charge one 30–150mAh, 1S UM cell, a 1S MCPX cell, or one 120–300mAh 2S pack equipped with a JST-PH, 3-wire connector. The charger measures 5 inches tall by 7 inches wide by 1.5 inches deep.  The charger is blue with a gray, black and blue faceplate with white and black type. “Eflite Celectra UMX-$ Battery Charger” is printed across the center of the charger.


See the full details at CPSC

NFPA 921, Guide for Fire and Explosion Investigations plays a fundamental role in fire and explosion investigations. A new edition of NFPA 921 is scheduled to be published in 2014. For years, this document has played a critical role in the training, education and job performance of fire and explosion investigators. It also serves as one of the primary references used by the National Fire Academy to support its fire/arson-related training and education programs. It is imperative that investigators understand the scope, purpose and application of this document, especially since it will be used to judge the quality and thoroughness of their investigations.

NFPA 921, Guide for Fire and Explosion Investigations plays a fundamental role in fire and explosion investigations. A new edition of NFPA 921 is scheduled to be published in 2014. For years, this document has played a critical role in the training, education and job performance of fire and explosion investigators. It also serves as one of the primary references used by the National Fire Academy to support its fire/arson-related training and education programs. It is imperative that investigators understand the scope, purpose and application of this document, especially since it will be used to judge the quality and thoroughness of their investigations.


SAN DIEGO - A Team 10 and Scripps News investigation found arson fires are not investigated properly in many American cities -- including San Diego -- due to a chaotic patchwork of reporting systems and standards.

Many deliberately set building fires are not reported to the federal government.

Nationally, just 5 percent of all residential building fires are intentionally set, according to the National Fire Incident Reporting System, which is part of the Department of Homeland Security.  Data collected by Scripps News suggests the national arson rate to be significantly higher.



This recall involves Nestlé three and five gallon cold and hot water dispensers. The units are white and silver in color and measure about 38 inches tall by 13 inches wide. Water is dispensed from the large plastic water bottle on the top of the unit through the machine by pushing on the paddles below that are marked with blue for cold water and red for hot water. The Nestlé Waters North America logo is on the front of the units. Only the following model and serial numbers are included in this recall. The model and serial numbers are printed on a white sticker on the back of the units.

Details can be seen at CPSC.


Model Numbers
Serial Numbers
















Below are a few random photographs taken at the November 2015 Training Seminar

DSC_0076 DSC_0067 DSC_0113 DSC_0120 DSC_0918
DSC_0094-001 DSC_0006 DSC_0214-001 DSC_0284-001 DSC_0040-001

Practical Approaches for Recouping Good Faith Payments


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:

  • The outcome in Perovich v. Glen Falls Insurance Co. (9th Cir. 1968), where the court ruled that an insurer “may recover money paid in reasonable reliance on its insured’s fraudulent claim.”  The court held that the insurer was entitled to recover the full payment made under the policy.
  • Compelling the insured to return only a portion of the money would circumvent the purpose of the fraud statutes and create bad public policy.  The insured’s fear of losing even the legitimate claim payments should deter him from committing fraud.  An insured who knew he could recover the “honest” claims would be incentivized to calculate the risk of getting caught into his claims submission, determining that some things are worth lying about.

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, This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Advertise Your Business Here!

CCAI Advertisers enjoy unprecedented exposure to professionals in the public and private sector with tens of thusands of targeted visitors each year looking to for critical information on the state of fire and arson investigation in the United States and worldwide!  

Banner ads should be formatted to 699 x 125 pixels, JPEG or animated GIF or Flash SWF, 100Kb or less. 

Annual advertising rates available.



This is the official website of the California Conference of Arson Investigators.

The information published on this website is intended solely for educational purposes and is to be used as an advisory aid to members working to suppress the crime of arson and related offenses. It is also provided to assist in raising the level of expertise in fire investigation.

Articles herein express the views and opinions of the authors which are not necessarily those of the California Conference of Arson Investigators or its representatives. The Technical Publication Review Committee reserves the right to accept or reject any article, technical information or professional opinion submitted for publication on this site.

The acceptance of articles, technical information or opinions on this website does not constitute, and shall not be interpreted as an endorsement of the author(s), opinion(s), information or any product(s) included within this information. It is our intent to present articles and information from our peers to encourage profession discussion and debate among the CCAI members for the purpose of advancing knowledge in the field of fire science and investigation. Professional care should be used to confirm the accuracy of all content, opinions or supplied data prior to use for reference, consulting, and legal support.

All material submitted to CCAI and or posted or published by CCAI that is written, photographed, sketched, drawn, recorded or otherwise created by author(s) is copyrighted. As such, those materials are, and shall remain, the exclusive and sole property of the original author(s). All copyrights are reserved.

Utilizing information provided by CCAI implies that the User/Reader hereby agrees that to the fullest extent allowed by law, CCAI shall have no liability to User/Reader for any and all claims, actions, damages, or losses arising out of, or in any way related to User/Reader’s use of information provided by CCAI. User/Reader further agrees that in no event shall CCAI be liable for any claims or damages of any nature (including costs relating thereto) from such publication. Use of such information provided by CCAI constitutes User/Reader’s agreement with all these terms and conditions stated above.

Join CCAI Today!

Member Benefits:  

  • Training in Fire/Arson Investigation
  • Semi-Annual Training Seminars
  • Regional Roundtable Meetings held throughout the State
  • Fire Investigative Resources
  • Networking between public and private agencies:
    • Fire, Police, Insurance, Private Investigators, Attorneys
  • Legal Updates
  • Certification Development
  • Annual Membership Card
  • CCAI CFI Program
  • Field Training Exercises
  • Videos on fire and arson investigations
  • Members only area:
  • Attend Seminars at a greatly reduced rate!
California Certified Fire Investigator


1279 North White Avenue 
Pomona, California 91768 
Phone:  (909) 865-5004
Fax (909) 865-5024 
8:00 am - 5:00 pm 
Monday - Friday