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Investigating and Litigating Fire Loss Claims: Coverage and Bad Faith Considerations for Insurers and Policyholders

Undetermined Losses, Exclusions, Avoiding Investigation Missteps, Admitting and Excluding Experts, Proving Arson

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, November 19, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 1, 2024

or call 1-800-926-7926
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This CLE course will explore insurance coverage and bad faith issues related to fire losses. Our panel will discuss coverage considerations, the investigation process and mistakes to avoid, presenting and cross-examining experts, and how these situations can evolve into claims for bad faith.

Description

Once a fire has been reported, the cause and origin of the fire will need to be determined, a complex process requiring expert knowledge and sophisticated technology. Investigators want to assess if the fire resulted from an intentional act. Mistakes in the process or in the way conclusions are reached can jeopardize the results of the investigation, rendering them inadmissible. These mistakes can also be the foundation for bad faith claims.

If the claim is denied in whole or in part, litigation is almost certain to ensue. The insurer's claim file is crucial and may contain many facts helpful to the policyholder. Privilege and work product disputes often dominate discovery. Counsel must understand how to present and cross-examine experts, paying particular attention to biases and over-dependence with one type of client.

To assert arson as an affirmative defense, the insurer will need to demonstrate that the policyholder had the means, motive, and opportunity to start the fire: two out of three will not suffice. If an insurer intends to rely on circumstantial evidence, it will need more than a list of everyday normal occurrences, and policyholders may want to be prepared with their own list of exculpatory facts.

Listen as the experienced panel discusses litigating coverage and bad faith claims arising from fire losses.

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Outline

  1. Investigation of loss
    1. NFPA-921
    2. Types of experts
    3. Background of investigators and ties to insurers
    4. Policyholder's duty of cooperation
    5. Examinations under oath
  2. Coverage limitations and exclusions
    1. Insufficient coverage
    2. Suspected fraud or arson
    3. Misrepresentation in the claim process
    4. Policyholder negligence
  3. Pre-litigation considerations
  4. Presenting or attacking investigation and other experts
  5. Pre-trial motions
  6. Asserting or defending arson
    1. Means
    2. Motive
    3. Opportunity
    4. Evidence

Benefits

The panel will review these and other key issues:

  • What is an undetermined fire loss, and is it bad faith to rule a fire loss undetermined if there is no evidence of accelerants?
  • How can parties prevent or ferret out confirmation bias in the investigation?
  • What are some types of exculpatory evidence of arson?

Faculty

Ochoa, Omar
Omar Ochoa
Founding Attorney
Omar Ochoa Law Firm

Mr. Ochoa has been nationally recognized as one of the best young trial lawyers in the country. He's represented...  |  Read More

Additional faculty
to be announced.
Attend on November 19

Early Discount (through 11/01/24)

Cannot Attend November 19?

Early Discount (through 11/01/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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