NCJ Number
78453
Date Published
1978
Length
0 pages
Annotation
This videotape presents a lecture given at the National College of District Attorneys on essential elements of a civil case of insurance fraud and of an insurance company investigation.
Abstract
The speaker, Winston Hankins, notes that the relationship between a policyholder and the insurance company is governed by a private contract; thus, the company can bring civil proceedings against the policyholder in cases of arson. Elements of a civil case include establishing the burden of proof and alternative defenses, and the fact that private investigators are not governed by search and seizure rules. The speaker emphasizes that a coordinated, cooperative investigation of an arson case is essential for a good case. Advantages that an insurance company has in pursuing an investigation and civil proceeding are discussed. Mainly, the insurance company has the money and manpower to do whatever is needed to investigate a case. Prosecutors can work with the company to help them get their cases together for trial. In addition, the insurance company can hire guards to restrict entry into the arson scene; it can hire its own private cause and origin investigator; and it can pay for samples to be analyzed in the best laboratory. The speaker emphasizes that all specialists hired by the company should be available to the prosecutors at the time of the trial. Unique problems encountered in settling a case are reviewed, and technical aspects of insurance claims are delineated. Questions and answers occur throughout the seminar.