NCJ Number
67112
Journal
Fordham Urban Law Journal Volume: 7 Issue: 3 Dated: (1978-1979) Pages: 541-615
Date Published
1979
Length
78 pages
Annotation
THE CRIME OF ARSON FRAUD IS EXAMINED WITHIN THE GENERAL CONTEXT OF THE OFFENSE OF ARSON, AND VARIOUS DEFENSES POTENTIALLY AVAILABLE TO INSURERS WHEN INCENDIARISM IS SUSPECTED ARE DISCUSSED.
Abstract
WHILE THERE IS A NATIONWIDE CONVICTION RATE OF LESS THAN 1 PERCENT FOR ALL ARSON OFFENSES, EVEN FEWER FRAUD ARSON SCHEMES RESULT IN CONVICTION. AFTER AN INTRODUCTION TO THE PROBLEM, THIS PAPER CONSIDERS THE COMMON LAW REQUIREMENTS FOR THE CRIME ARSON. CASE LAW AND STATUTORY DEVELOPMENTS ARE ADDRESSED. THE THIRD SECTION FOCUSES ON STATUTORY FORMULATIONS OF THE CRIME OF ARSON, AND THREE MAJOR PIECES OF MODEL ARSON LEGISLATION RECEIVE PARTICULAR ATTENTION: THE MODEL ARSON LAW WHICH WAS WRITTEN BY THE NATIONAL BOARD OF FIRE UNDERWRITERS AS THE FIRST EFFORT AT CREATING A COMPREHENSIVE STATUTE TO DEAL WITH THE VARIOUS KINDS OF CRIMINAL BURNINGS; THE AMERICAN LAW INSTITUTE'S MODEL PENAL CODE, ARTICLE 220, WHICH PROVIDES A SIMILARLY COMPREHENSIVE APPROACH TO STATUTORY ARSON; AND THE MODEL ARSON PENAL LAW ENTITLED 'ARSON, CRIMINAL MISCHIEF AND OTHER PROPERTY DESTRUCTION' WHICH WAS RECENTLY PROPOSED BY THE ALLIANCE OF AMERICAN INSURERS, THE AMERICAN INSURANCE ASSOCIATION, AND THE NATIONAL ASSOCIATION OF INDEPENDENT INSURERS. IN ADDITION, STATE STATUTES ARE SURVEYED. THE FOURTH SECTION DISCUSSES THE ARSON CASE IN THE CIVIL FORUM. MEASURING THE ACTUAL CASH VALUE OF THE INSURED PROPERTY, ARSON CASES AND THE STANDARD OF PROOF, AND DEFENSES AVAILABLE TO THE INSURER ARE REVIEWED. THE DEFENSES INCLUDE (1) THE COMMON LAW ARSON DEFENSE, (2) THE 'FRAUD OR FALSE SWEARING' DEFENSE, (3) THE 'COOPERATION CLAUSE,' (4) THE 'INCREASED OF HAZARD DEFENSE,' AND (5) THE 'VACANT OR UNOCCUPIED' DEFENSE. NUMEROUS FOOTNOTES PROVIDE INFORMATION ON RELATED CASES, STATUTES, AND LITERATURE.