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by Richard Bennett ~ Cozen O'Connor

In James D. Fowler v. Nationwide Mutual Fire Ins. Co., 2014 WL 3844215, 2014 S.C. App. LEXIS 209 (S.C. App., Aug. 6, 2014), South Carolina’s Court of Appeals recently held that it was prejudicial error to allow the jury to consider either the report of a volunteer fire chief or his testimony on the issue of cause and origin if he does not qualify as an expert.  The take away is that if a firefighter can’t testify as an expert, any opinion he or she has on causation is simply not a datum that the fact-finder is entitled to know about.

The insured’s home was destroyed by fire in January of 2007.  His homeowner’s carrier, Nationwide Mutual Fire Insurance Company, denied liability after a fire investigator hired by the carrier determined that the blaze was incendiary, and the insured brought suit.  The fire was extinguished by the local volunteer fire department, after which its Chief, David Wright, completed a mandatory form known as a “Truck Report.”  This stated that the fire originated in a kerosene heater in the living room and that the “Cause of Ignition” was “unintentional.”

 

Description

This recall involves 36-volt and 48-volt lithium ion rechargeable batteries sold separately and as original equipment with Pedego electric bikes. Recalled batteries of each voltage came in two styles. One style has a silver or black metal case that measures about 13 ½ inches long, 6 ½ inches wide and 2 ½ inches high, with black plastic end caps and a handle. The other style has a black or white plastic case that measures about 14 inches long, 6 ½ inches wide and 2 ½ inches high with a red indicator lamp on one end. The batteries have serial numbers that start with “DLG.” A label with the serial number is on one side of the metal batteries and on the underside of the plastic batteries.

 

Full details can be found at CPSC or in the members only section.

Description

This recall involves 16-ounce white ceramic beverage mugs with metallic gold accents. A monogram letter A, B, C, D, E, G, H, J, K, L, M, R, S or T is printed in gold on the mug. A sticker on the bottom of the mug has “UPC# 698617673962,” “SKU# 138837” and “Retail: $6.99.”

 

Full details can be found at CPSC or in the members only section.

Description

This recall involves Sears Kenmore stainless steel slide-in ranges with gas cooktops and electric ovens. Model number 790.42603xxx with serial numbers ranging from AF42500601 through AF43000916 and model number 790.42613xxx with serial numbers ranging from AF42500541 through AF43103647 are included. The model and serial numbers are located on the inside frame of the range door on the left side. Kenmore Elite is printed on the front of the oven door.

 

Full details can be found at CPSC or in the members only section.

In the new issue of NFPA Journal®, President Jim Shannon said the Association will focus on the leading causes of home fires, including cooking. "We also need to continue to push hard for home fire sprinklers. That's still a large priority for NFPA, and we plan to work very aggressively in 2014 on our residential sprinkler initiative," he said.

Read more...

Description

This recall involves Lenovo battery packs sold with the following ThinkPad notebook computers: the Edge 11, 13, 14, 15, 120, 125, 320, 325, 420, 425, 430, 520, 525 and 530 series; the L412, L420/421, L512 and L520 series; the T410, T420, T510 and T520 series; the W510 and W520 series; and the X100e, X120e, X121e, X130e, X200, X200s, X201, X201s, X220 and X220t series.

 

The battery packs were also sold separately. The black battery packs measure between 8 to 11 inches long, 1 to 3 inches wide and about 1 inch high. Recalled battery packs have one of the following part numbers starting with the fourth digit in a long series of numbers and letters printed on a white sticker below the bar code on the battery pack: 42T4695, 42T4711, 42T4740, 42T4798, 42T4804, 42T4812, 42T4816, 42T4822, 42T4826, 42T4828, 42T4834, 42T4840, 42T4862, 42T4868, 42T4874, 42T4880, 42T4890, 42T4944, 42T4948, 42T4954, 42T4958, 45N1022 and 45N1050.

 

Get the full details at CPSC or sign in to the members only section

 

 

The next CCAI Training Seminar will be held November 2 - 4, 2015

Advanced Explosive Recognition 2013

The Central Valley Arson Investigators association continued the tradition of providing outstanding training at their annual Advanced Explosive Recognition class.  The training was held once again at the Tulare International Agri-Center grounds.  This year’s topic was the history of the American criminal bombings.  Guest speaker Ed Nordskog, LA Sheriff’s Department, lead the class through the history of American bombings, from the earliest bombings in America right up to the most current-day events.

Read more...

Practical Approaches for Recouping Good Faith Payments

Larry-Arnold-article

by: Larry Arnold

Faced with growing losses, insurance companies are focusing on fraud management and implementing risk mitigation controls, while at the same time remaining cognizant of their duty of good faith to policyholders.  So what happens when an insurer makes good faith payments on legitimate elements of an insurance claim but subsequently uncovers fraud in other elements of the claim?  Is the insurer entitled to recover all monies paid as part of the claim?  Or only the amount paid in reliance on the insured's misrepresentations?

Previously, there was no clear answer.  It was safe to assume that an insurer could recover monies paid on a claim under the right circumstances – the difficulty occurred when trying to recover payments made prior to the established fraud date.  For example, in California, the insurance code states, “If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time the representation becomes false.”

Recent trial court rulings in favor of insurance companies, however, are changing the claims landscape.  These rulings will impact the way insurance companies handle genuine claims that are subsequently tainted by fraud, encouraging them to be proactive in recouping good faith payments.

Read more...

Water and Burning Cooking Oil

The three pictures below show the effect of putting one cup of water in a pan of one cup of oil on fire. You should always choose to cover the burning pan with a lid or cookie sheet and then turn off the burner. If you put water on the oil fire, the effects will almost always be deadly.

Submitted by Troy Morrison PIO CCAI

oil_water_fire1

 oil_water_fire2 oil_water_fire3

Surviving fires: How common mistakes can lead to devastating fires

Shared by Jamie Novak, St Paul Fire Department

Surviving_firesCOON RAPIDS, Minn. - Fire does not schedule home visits, nor do firefighters arrive by appointment.

In the interest of fire safety, we decided to change that.

During two days of shooting, a crew of firefighters and KARE 11 photographers with a dozen cameras gathered at the most deadly place for fires in Minnesota: home.

Jamie Novak, a St. Paul Fire investigator, helped us locate a three-bedroom rambler in Coon Rapids that was already scheduled for demolition.

Read more and watch the video

Cooking fires: do you know what to do?

Shared by Jamie Novak, St Paul Fire Department

cooking-oil-fireST. PAUL, Minn. - If anyone knew her way around a kitchen, it was Wille Mae Coleman. No one could count the number of times she'd fried chicken for supper. Then last August, alone at the stove in her apartment, the 75-year-old grandmother died doing it.

"I vividly remember getting the phone call," says her son Don Coleman, somberly. "Very difficult, that's my mother." Wille Mae suffered serious burns on 70 percent of her body. He was with his mother at Regions Hospital when she died.

Read more and watch the video

More Articles...

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