(Editor's Note: The following article has been contributed by Everette Lee Herndon, Jr., a claims consultant and expert witness.)
Arson is a crime. The American Heritage Dictionary defines arson as “the crime of maliciously, voluntarily, and willfully setting fire to the building, buildings, or other property of another or of burning one's own property for an improper purpose, as to collect insurance.”
Proving that an insured has committed arson has generally been difficult and is becoming more difficult. An insurance company can and should investigate a suspicious fire to determine if the insured burned, or had someone else burn, a property for the purpose of collecting insurance benefits. When investigating a suspicious fire, the insurer should also determine if there is subrogation potential.
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