When is an Origin and Cause Investigation Necessary?

The Game Is Afoot

The assigned fire investigation expert should contact the claim handler to obtain fire loss claim information, such as contact names and telephone numbers for the responding fire department, whether a public adjuster has been retained by the insured, applicable legal counsel, insurance company's internal investigator, and to develop an investigative plan. The plan should be clearly defined, but remain flexible as information is developed. The basic investigative plan for the fire investigator usually is to determine the origin of the fire, the method of its spread through the structure, the probable ignition sequence or cause of the fire, and the responsibility for its cause.

Before traveling to the loss location, the fire investigator should contact the responding fire department to establish the status of the public investigation and to ascertain whether the fire scene has been released to the owners and tenants of the property. It is imperative that the fire investigator schedule a meeting with fire department officials and public investigators prior to, or immediately after, conducting an examination at the loss location.

Critical information that the private fire investigator should secure is the time and method of the alarm, the condition of the building, the stage of the fire upon arrival of the first fire unit, strategies and tactics of fire suppression and overhaul (especially forced entry and ventilation tactics), injuries or deaths, contacts, and statements by insureds, other occupants, and witnesses. The investigator also should determine whether any alteration or contamination of the room or area of fire origin occurred, the name of the origin-and-cause investigator, the status of the investigation, and whether any physical evidence were collected.

The investigator should obtain a copy of the basic fire incident report, if it is completed and available. This report is a public record and can be obtained under the Public Information Act. Other public investigative documents or reports, such as photographs, origin-and-cause reports, and witness statements, usually are not available, but can be made available if the cause of the fire were pronounced to be accidental or undetermined.

An initial interview with the insured, to gather facts and identify the condition of the building, is essential in order for the fire investigator to conduct a systematic fire-scene examination. This interview may be recorded to document the exact words spoken. During the interview, the investigator should have the insured or an agent of the insured sign a Permission to Examine the Fire Scene form.

Meeting the insured at the loss location also provides an opportunity for the investigator and the insured to tour the fire scene and discuss specific information. If the scene or apparent area of fire origin has been altered, the insured can make a drawing of the area that the investigator can use during the reconstruction phase of the scene examination. This drawing also can identify electrical components and appliances and the location of electrical power sources.

Establish a Routine

Armed with the fire department and insured's background information, the fire investigator can begin to process the scene in a systematic manner. During the fire-scene examination, if the scene and other physical evidence support the possibility that the responsibility for the cause of the fire is in conflict with the fire department's cause determination, is possibly incendiary in nature, or is the result of a third-party product fault or failure, act or lack of performance, or negligence, the investigator should stop processing the scene and notify the claim handler of the findings.

If the fire scene or physical evidence, supported by statements by others, is focusing on possible third-party responsibility, the fire scene examination must be halted and the scene and all evidence secured and preserved (including exterior fire debris files). Limited fire-scene alterations may be required, after documentation, to identify other interested parties for notification.

The caveat to this preliminary hypothesis is that the fire investigator must determine the area or point of fire origin. If the area of fire origin cannot be identified, due to scene alterations or the destructiveness of the fire, the ignition sequence or the cause of the fire will be difficult to support or prove.

The fire investigator usually does not have the knowledge, education, and experience to identify faults or failure with the structure's electrical and mechanical fixed systems. Consequently, he should convey to the claim handler whether an engineering analysis is necessary to identify the ignition sequence or cause of the fire. Retained experts may include forensic electrical or mechanical engineers, fire protection engineers, and metallurgists (also called substance engineers).

Once other interested parties are identified, a date and time should be scheduled when all interested parties and their retained experts can meet at the site. The interested parties should be informed that, on this date, alteration or destruction of the fire scene may occur, in order to further establish the area or point of fire origin and to collect physical evidence for future forensic examination. When multiple agencies are represented, management and control of the fire scene is critical to prevent alterations of physical evidence and to allow each interested party to inspect and document the scene. Many times, the lead fire investigator may request from the claim handler additional resources to manage and process the scene.

When multiple agencies are involved, verbal and/or written protocols should be established, which may include access and interviews of witnesses and insureds, accessible areas of the structure, safety concerns, processing methodology, sharing of information and documents, collection and preservation of physical evidence, and future considerations.

The investigative plan usually requires the fire investigator to communicate his investigative findings and opinions to the claim handler (or employer/client) in some manner. Most generally, the fire investigator presents either a verbal or written status report to the claim handler within 24 hours of the completion of the examination. It is important to note that a written report is not required by any standard or law, and there are times when the fire investigator is instructed not to draft written reports.

Depending on the investigative findings and the fire investigator's opinion, the claim handler may request a brief summary report with attachments (i.e., fire reports, fire scene diagrams, and photographs), as the decision has been made to pay the claim. On the other hand, the claim handler may request that the investigator prepare a full investigative report with supporting attachments for future use.

Retaining a competent and responsible independent fire investigative agency is of the utmost importance in managing fire loss claims. Mishandling fire claims can, and most likely will, preempt or seriously obstruct the plaintiff's attorney position in negotiating a settlement, and may even result in loss at trial.

Bob Marihugh is a Certified Fire Investigator with MJM Investigations Fire Investigation Group in Raleigh, N.C.