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Fraudulent Arson: A War of Position

NCJ Number
165709
Journal
Crime, Law and Social Change Volume: 25 Issue: 2 Dated: (1996) Pages: 107-131
Author(s)
M Clarke
Date Published
1996
Length
25 pages
Annotation
Research conducted in Great Britain in 1994-95 focused on fraudulent arson and revealed 71 cases of actual or suspected arson in businesses over the period 1990-95 and an overall value of 38.53 million pounds.
Abstract
The analysis focused on the resources of the businesses and the insurers in attempting to achieve payment of the claim and to resist payment of the claims, as well as their success. Results revealed that the circumstantial nature of the evidence resulted in generally lengthy negotiations, together with an element of bluff. This process can be characterized as private justice. Fraudulent arson involves two serious offenses that can carry heavy penalties, but in practice it is largely handled as a matter of private justice between insurers and the insured. Insurers and adjusters engage in a moral appraisal of claims. They usually decide at an early stage whether the claim is honest. They will resist claims they decide are dishonest despite the difficulty of doing so. Insurers usually prevail due to their financial and professional resources; however, insureds sometimes successfully obtain payments even in cases involving compromising circumstances. Notes and tables

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