NCJ Number
62588
Journal
Forum Volume: 14 Issue: 2 Dated: (FALL 1978) Pages: 184-191
Date Published
1978
Length
8 pages
Annotation
AN OUTLINE OF THE RESPONSIBILITIES OF PERSONS IN THE FIELDS OF FIRE PREVENTION, UNDERWRITING, ARSON INVESTIGATION AND CLAIMS HANDLING IS DELINEATED FROM THE PERSPECTIVE OF AN INSURANCE COMPANY.
Abstract
FIRE PREVENTION IS THE FIRST LINE OF DEFENSE AGAINST ARSON, AND STATE AND LOCAL GOVERNMENTS SHOULD REEXAMINE ALLOCATION OF FINANCES AND PERSONNEL TO FIGHT THE PROBLEM. HOUSING COURT PROCEDURES SHOULD BE STREAMLINED AND MUNICIPAL GOVERNMENTS SHOULD URGE THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO EXPEDITE FORECLOSURE PROCEEDINGS. THE SECOND LINE OF DEFENSE IS THE UNDERWRITER WHO SHOULD BE URGED NOT TO OVERINSURE PROPERTY-A MAJOR INCENTIVE FOR ARSON. UNDERWRITERS SHOULD NOT WRITE RISKS IN ANY JURISDICTION WHICH REQUIRES MORE THAN 5 DAYS NOTICE OF CANCELLATION. FAIR PLANS INSURANCE COMPANIES SHOULD EXERCISE GREATER UNDERWRITING AUTHORITY IN DECLINING TO WRITE HIGH RISKS. CLARIFICATION OF RESPONSIBILITIES BETWEEN LAW ENFORCEMENT AND FIRE SERVICES IN ARSON DETECTION AND INVESTIGATION IS IMPERATIVE, AND SUSPECTED ARSON FOR PROFIT SHOULD BE FULLY INVESTIGATED AND PAYMENT RESISTED. ADJUSTERS MUST BE BETTER TRAINED TO RECOGNIZE ARSON CASES. INSURANCE COMPANIES SHOULD CAREFULLY UNDERWRITE BOTH THE INSURED AND THE RISK, NOT OVERINSURE, PURSUE CIVIL CASES, TRAIN PERSONNEL, WORK TOWARD DEVELOPING A PROPERTY INSURANCE REGISTER, AND PARTICIPATE IN STATE AND LOCAL ARSON COMMITTEES. LEGISLATURES SHOULD PASS INSURANCE REPORTING IMMUNITY LAWS, PROMOTE BOARD EVIDENCE TYPE RULE IN STATES WHERE COURTS HAVE HELD THAT ACTUAL CASH VALUE IS MERELY REPLACEMENT COST LESS DEPRECIATION; OUTLAW STRAW OWNERSHIP; AND REQUIRE PROOF OF PAYMENT OF TAXES BEFORE PAYING A LOSS. (MJW)