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Whitemore, Robert. Civil Fire Investigation--Cooperation vs. Collusion. Inside Fire. Vol. IX. October, 1996.

Abstract: This article is an outline that compares the roles of insurance companies and law enforcement agencies in fire origin and cause investigations.

The law enforcement agency must determine that a crime has taken place, while an insurance company must prove there was a loss. The article explains the different procedures each agency must take to obtain search warrant. The procedures for obtaining information are also compared.

The differences between and criminal and civil trials are also outlined. In a criminal trial, the perpetrator in the defendant and the prosecutor must prove his case beyond a reasonable doubt. In a civil trial, the insurer is the defendant and must prove his case by a preponderance of the evidence, which means the crime was more likely committed than not committed.

Inside Fire is out of print. For information on obtaining articles from back issues, contact:
National Emergency Training Center
Learning Resource Center
16825 South Seton Ave.
Emmitsburg, MD 21727
Phone: 1-800-638-1821 or (301) 447-1030
Web Site: www.lrc.fema.gov

 
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