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Description

This recall involves four styles of “Cheeky” six-ounce ceramic teacups. The cups have floral motifs with gold painted accents and have four “cheeky” phrases, such as “booze” and “more whiskey please,” painted on the inside or outside rim of the cup. “Dishwasher Safe,” “Microwave Safe” and “Made in China” are printed on the bottom of the cup.

 

Read the full article at CPSC

Description

This recall involves CreaMiser refrigerated coffee creamer dispensers for commercial use with model numbers 200, 210 and 400, digital thermometers and certain serial numbers. The plastic dispensers were sold in the following colors: black granite, gray granite and sand. Models 200 and 210 have two creamer dispenser stations and model 400 has four creamer dispenser stations.  Model, serial number and “CreaMiser Products Corporation” are printed on a white sticker or metal name plate on the back of the dispensers.

 

Read the full article at CPSC

Electrical fires—fires directly caused by the flow of electric current or by static electricity—are one of the important types of structure fires. The subsequent development of an electrical fire is generally no different than that of any other type of structural fire. But the mechanisms leading to ignition of an electrical fire are, in many cases, uniquely specialized and in need of specific research to delineate their characteristics. Despite the importance of electrical fires, there has not been any institution in the English-speaking world with a long-term commitment to research in this area. Worldwide, the situation has been much better, due to extensive research in Japan. But most of this body of work was only published in the Japanese language and, consequently, had been unavailable to most scientists and engineers in English-language countries. The publication of the Ignition Handbook presented for the first time in English many of the salient Japanese research results in this field and these, taken together with the scattered studies that have been reported in English, allow a basic understanding of physical mechanisms to be reached. The present review presents the highlights of these findings. The review of the state of the art also shows that there are still a number of gaps where even first-cut research is not available. It is urged that a systematic research effort on electrical fires be established in the US and certain high-priority topics are outlined.

Abstract

Electrical fires—fires directly caused by the flow of electric current or by static electricity—are one of theimportant types of structure fires. The subsequent development of an electrical fire is generally no differentthan that of any other type of structural fire. But the mechanisms leading to ignition of an electrical fire are,in many cases, uniquely specialized and in need of specific research to delineate their characteristics. Despitethe importance of electrical fires, there has not been any institution in the English-speaking world witha long-term commitment to research in this area. Worldwide, the situation has been much better, due toextensive research in Japan. But most of this body of work was only published in the Japanese languageand, consequently, had been unavailable to most scientists and engineers in English-language countries.The publication of the Ignition Handbook presented for the first time in English many of the salient Japaneseresearch results in this field and these, taken together with the scattered studies that have been reportedin English, allow a basic understanding of physical mechanisms to be reached. The present review presentsthe highlights of these findings. The review of the state of the art also shows that there are still a number ofgaps where even first-cut research is not available. It is urged that a systematic research effort on electricalfires be established in the US and certain high-priority topics are outlined.

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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.

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Fire Protection Research Foundation report: "Development of Standardized Cooking Fires for Evaluation of Prevention Technologies: Data Analysis"
Authors: Joshua Dinaburg, Daniel Gottuk – Hughes Associates, Inc.

July 2014 report

Beginning in 2010, the Foundation began a program to review the potential effectiveness of various technologies potentially capable of preventing cooking range top fires. A workshop conducted as part of that project considered the emergence of commercial products on the market and identified the need to develop standardized tests and criteria to evaluate the performance and effectiveness of such devices. This report summarizes and analyzes the results of two live fire test series conducted to form the basis for such a test protocol.

Download the report. (PDF, 5 MB) Download the executive summary. (PDF, 20 KB) October 2013 report

Cooking-equipment related fires are a leading cause of U.S. fire loss. Beginning in the mid 1980’s, the National Institute of Standards and Technology, Consumer Product Safety Commission, and home appliance industry undertook a comprehensive review of strategies to mitigate death, injury and property loss from cooking fires. All strategies were engineering strategies defined by a condition to be detected (e.g., overheat of pan or food in pan, absence of person actively engaged in cooking process, early-stage fire on stovetop) and an action to be taken (e.g., shut off cooking heat, sound alarm, suppress fire). As part of this study, a comprehensive review of existing technologies was done.

In 2010, the Foundation conducted a study supported by NIST to develop this action plan. The study focused particularly on prevention technologies suitable for use on or with home cooking appliances. and consisted of a literature and technology review; the development of an enhanced technology evaluation methodology based on an in-depth review of cooking fire statistics; and the evaluation of currently available technologies using this methodology. The project culminated with a one day workshop of 35 leaders from the kitchen appliance, fire service, and user communities who met to review the above findings and identify gaps in information. The highest priority action item identified at that workshop toward implementation of commercially available cooking fire mitigation technologies was: "Develop standard fire scenarios and create test methods and performance criteria which can feed into standards development"

This report presents the results of a follow on project sponsored by NIST to gather data towards this goal.

Download the report. (PDF, 2 MB)

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.

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CCAI Training Seminar

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San Luis Obispo, California

March 30 thru April 3, 2015

40 hours of top training on all 16

topics in NFPA 1033

ATTENTION
The CCAI Annual General Membership meeting will be held Monday, March 30th at 5:30 pm

 

The Board of Directors is recommending approval of proposed Bylaws changes to be voted on at this meeting

 

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Practical Approaches for Recouping Good Faith Payments

Larry-Arnold-article

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 .

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