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Investigation of suspicious fires - the role of forensic scientists instructed by insurers. Dr Chris Foster. Arson Prevention Forum Case Study. Typical chronology. Fire claim notified to insurers by insured
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Investigation of suspicious fires- the role of forensic scientists instructed by insurers Dr Chris Foster Arson Prevention Forum Case Study
Typical chronology • Fire claim notified to insurers by insured • Insurance Loss Adjuster appointed to commence an investigation, usually the same day, policy details provided. • Loss Adjuster attends the scene, identifies general circumstances and determines whether a forensic investigation is warranted. Arson Prevention Forum Case Study
Forensic fire investigations in the legal arena • Criminal intent • Insurance coverage - fraud, warranty exclusions or refusal to indemnify (e.g. material non-disclosure). • Insurance - recovery of outlay from third party - subrogation rights Arson Prevention Forum Case Study
Coverage - general Fraud, failure to comply with warranty exclusions or material non-disclosure lead to breach of contract. Arson Prevention Forum Case Study
Coverage-Fraud • False claim perpetrated by insured or by agent of insured. • Investigation will seek to determine if any evidence of premeditation and/or involvement of insured. • Standard of proof against insured is greater than balance of probabilities. Arson Prevention Forum Case Study
Newly unoccupied building – relevant factors • Insured must notify insurers of change of circumstances/use. • Insurers likely to add warranties to the policy conditions, e.g. building services isolated, all reasonable steps taken to make premises secure. Arson Prevention Forum Case Study
Forensic investigation initiated • Detailed briefing - circumstances, potential insurance issues. • Attendance on the day of instruction, or next day. • If possible, speak to fire service/police before scene inspection, then ideally liaise at scene. • Ideally obtain observations of first attenders. Arson Prevention Forum Case Study
PROGRAMME OF FULL INVESTIGATION • Preliminary investigation • collect all immediately available evidence • follow the no disturbance rule • Form tentative view & develop “working hypothesis” • Collect less accessible evidence-field archaeology. • Evaluate each new feature of evidence from a scientific perspective. • Repeatedly test the working hypothesis against the new evidence • Evaluate all evidence, and consider whether tests are required
Investigation objectives • Identify area of origin and cause. • If deliberate fire setting, the MO which may assist in identifying the perpetrator(s). • Evidence of security and condition of building services which may be relevant to insurance policy conditions. Arson Prevention Forum Case Study
FIRE INCIDENT FIRE SERVICE BASIC INVESTIGATION No SUSPICIOUS FIRE ? Yes (secondary fire) Collate, analyse and share data with police on daily / weekly basis No Complete FDR1 Community fire safety issues ? Yes FIT report
FIRE INCIDENT FIRE SERVICE BASIC INVESTIGATION Are insurers involved ? No Preserve scene RQ F.I.T Yes (primary fire) SUSPICIOUS FIRE ? Yes (secondary fire) FIT/CSI joint scene examination Collate, analyse and share data with police on daily / weekly basis Case review at scene with all agencies. Police IO decides on course of action No Complete FDR1 Community fire safety issues ? Liaise with other agencies Yes FIT report
FIRE INCIDENT Insurers notified FIRE SERVICE BASIC INVESTIGATION Are insurers involved ? Insurance investigation (L.A. + F.S.) No Preserve scene RQ F.I.T Deliberate fire Yes (primary fire) SUSPICIOUS FIRE ? Yes (secondary fire) Fire crews interviewed FIT/CSI joint scene examination Collate, analyse and share data with police on daily / weekly basis Insurers consider their position with legal advisors Case review at scene with all agencies. Police IO decides on course of action No Complete FDR1 Community fire safety issues ? If no criminal proceedings, but evidence that insured or agent started fire, consider whether to repudiate claim Liaise with other agencies Yes FIT report
Benefits of interagency investigations • Pooling of resources • Sharing of intelligence from different sources • Joint interpretation of evidence as it emerges Arson Prevention Forum Case Study