“Following the Smoke: The Anatomy of an Arson Case”

In an article published on July 31, 2017, in Law360, Jessica Phillips provides insight into the impact that the crime of arson has on the insurance industry by examining the housing crash of 2009. During the aftermath of the Great Recession, numerous homes were intentionally set on fire; however, many of those cases were never prosecuted criminally. “Instead, the onus to investigate and pursue those responsible for these intentionally set fires fell to the insurance industry because it suffered the largest financial impact due to these fraudulent claims,” Phillips explains. “In the civil context, to prove arson an insurance carrier must generally show 1) incendiary origin of the fire; 2) an insured’s motive to set the fire; and 3) an insured’s opportunity or some other linkage connecting the insured to the fire,” she writes. For the full article, subscribers to Law360 may click here.