Fire Claims
A fire through a person's home or business can be financially devastating. However, with the proper insurance, you may be able to replace or rebuild your real property as well as your personal property.

From the claimant's perspective, the first thing they must do is attempt to evaluate the loss to the structure as well as itemize the loss of their personal property. The first step the fire investigator and the insurance company investigator, is to establish the cause and origin of the fire. The main question here is whether the fire was an accident or whether it was intentionally set.

If the insurance company has proof from an expert, that an accelerate was used to start the fire, then it is likely that the fire was deliberately set. Fire investigators and insurance investigators often use sniffer dogs to detect accelerants or a gas chromatography. Investigators also look at photographs of damage or patterns of fire in determining its origin. Eyewitnesses, to a fire, can also assist in an investigation.

Merely because a fire is intentionally set, does not necessarily mean that the property owner is guilty of arson or intentionally setting the fire. In other words, it may be that vandals or criminals broke into the house and set the fire while the owner was gone or business was closed.

Insurance companies when deciding whether or not to pay a claim from a fire will often demand an examination under oath from the insured. The insurance company lawyer may attempt develop a motive for setting the fire, such as financial problems of the insured, or inability to sell the property. The insured could be a suspect if the cause of the fire is unknown, and the insured is behind on mortgage payments.

The next questions is what happens when the insurance company decides to pay the fire claim?

The first process is to have a damage assessment. The damage assessment on the building or structure of the residence should be performed by a qualified licensed contractor. The value of personal property, however, is the reasonability of the insured. The insured in filling out an inventory of damaged or destroyed property must state the cost of the property, and the actual replacement value of the property. The insurance adjuster will later review the cost and replacement value and determine a depreciate amount of the property.

This is a touchy area, because the insurance company may disagree with the insured about the value of the claim. If the insurance company feels that the claimant is overstating the value of their claim they may deny the claim based on fraud or false swearing in the presentation of the claim.

Also, the insurance company will pay different values for the real and personal property depending on the type of policy that the insured has purchased. If the policy is a replacement policy the insurance company is obligated to replace the items. However, before the insurance company will replace the items it may necessary for the insured to actually go out a purchase the items. In other words, the insurance company, in the case of personal property, may pay the insured the value of the item after depreciation and then tell the insured that they must go out a repurchase the new property and the insurance company will then send them a check for the difference.

In presenting a fire claim, it is advantageous to consult with a skilled professional attorney familiar with presenting insurance claims and analyzing insurance policies. It is always important to have the assistance of a skilled negotiator when dealing with insurance company's on fire claims. The Law Offices of Gerald R. Stahl is experienced in handling fire claims for the insured.