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
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.
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