An Insurance Working Example - Self-Induced Loss - Part IV
As part of this investigation it is also important to investigate the past history and habits of the directors of the company
. For example, have any of the directors been involved in bankruptcy or insolvency? Do they have criminal convictions or even any particular personal expenses to be funded? Whilst a lot of the routine work can be done through public records such as those available at Companies House, it may also be necessary at this stage to instruct a private investigator.- Obviously, documents held by the assured can help the loss adjuster in
this investigation and a nice balance has to be reached when deciding how best to deal with the assured in the particular circumstances. Arson is, of course, an insured peril under most ARPI policies. It is only excluded if it is self-induced.
Therefore, the assured must be treated fairly until the evidence clearly points to his involvement. It has to be a matter of judgement for each insurer as to the extent to which it warns the assured of its suspicions. From a litigation standpoint, it would no doubt be beneficial to obtain an early signed statement from the assured. However, many insurers may feel more comfortable in warning the assured that there are suspicions as to the cause of fire and that he may be advised to obtain his own legal advice.
Also, some co-operation from the assured is necessary to investigate the claimin particular financial information of the company will be required. In the event that the assured does not co-operate and the insurer has some prima facie evidence that the assured intends to destroy some incriminating evidence, the insurer is quite within its rights to apply to the court for an Anton Piller Order which is ex parte (i.e. without notifying the assured) injunctive relief allowing the insurer to seize the documentation for safe-keeping and subsequent inspection. Ordinary injunctions are also useful to prevent destruction of evidence on the site of the fire to enable it to be properly investigated by forensic scientists.
An Insurance Working Example - Self-Induced Loss - Part IV
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