Practices Areas: Arson & Fraud

For many years the Morrison Mahoney LLP Arson & Fraud Practice Group have represented numerous insurers with claims involving the defenses of arson and fraud. It has been the philosophy of Morrison Mahoney that the basis of a successful arson or fraud defense begins with an immediate and thorough investigation. For years, attorneys at Morrison Mahoney have worked closely with fire cause and origin experts and other expert consultants to ensure that a thorough evaluation of the fire scene is conducted and important evidence preserved. Working closely with claims personnel, appropriate measures are recommended to ensure that the insurer’s rights are protected during the investigation and adjustment of the claim and to design and implement an effective investigation strategy, frequently recommending experts and other consultants to supplement the investigative team, when necessary.

In order to interact and share information, as appropriate, attorneys at Morrison Mahoney Arson & Fraud Practice Group have developed a working relationship with the State Fire Marshals, the State Police, and representatives of the Federal Bureau of Alcohol, Tobacco & Firearms.

Once the incendiary nature of a fire has been established through the fire scene examination, our attorneys are experienced in assisting insurers in the development of circumstantial evidence of motive and opportunity. In larger commercial cases, accountants may be recommended to evaluate and report on the financial condition of an insured at the time of the fire. At this stage of the investigation, our attorneys work closely with adjusters and field investigators to coordinate the gathering of relevant information. Frequently, the insurer’s arson or fraud investigation culminates in the Examination Under Oath of the insured. Our trial lawyers have conducted hundreds of Examinations Under Oath over the years and possess the experience to cover effectively all relevant aspects of the claim, assist insurers in gathering additional evidence, and providing an objective basis to determine whether a viable defense of arson or fraud may exist.

Our attorneys are experienced in providing comprehensive legal analysis of the likelihood of a successful arson defense based upon the facts gathered through the company’s investigation. Additionally, our attorneys provide clients with advice and direction concerning appropriate responses or related issues such as dealing with others having an interest in the insurance proceeds, such as mortgagees or innocent co-insureds.

Should a matter in which an arson or fraud defense has been interposed proceed to litigation, the same experienced trial lawyers who provided guidance to the company through its claim investigation will continue to defend the matter through trial. Over the years Morrison Mahoney LLP has maintained a very high success rate in arson cases tried throughout the Northeastern United States. This success is due in large part to our proven method of thorough investigation that we pursue before a denial of the claim has been recommended.

In the context of commercial arson and fraud matters, Morrison Mahoney LLP has been at the legal forefront in successfully asserting claims for reverse bad faith damages, resulting in the recovery and collection of sizeable judgments in favor of insurers after a claim has been successfully defended due to arson by an insured.

Attorneys at Morrison Mahoney frequently serve as presenters at National, Regional, and In-house industry seminars concerning arson and fraud issues, and have been invited guest speakers at fire seminars offered by the Bureau of Alcohol, Tobacco & Firearms as well as the International Association of Arson Investigators.