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5/15/2015 by Gregory HudsonJennifer Kennedy-Coggins | Cozen O'Connor

In an opinion handed down last week, the Sixth Circuit Court of Appeals refused to adopt a new cause of action under Kentucky law for a reverse bad faith claim by an insurer against its insured where the Kentucky Supreme Court had not previously done so in State Auto Prop. & Cas. Ins. Co. v. Hargis, — F.3d –, 2015 WL 2081922, 2015 U.S. App. LEXIS 7475 (6th Cir., May 6, 2015).  The Sixth Circuit further refused to certify the question to the Kentucky Supreme Court for review.  Slip Op. at *4-5.

At issue in this case was a fire loss sustained to the insured’s, Lori Hargis, residential home.  State Auto Property and Casualty Insurance Company (“Insurer”) insured the home.  Ms. Hargis submitted a claim for the fire loss totaling over $866,000.  The Insurer paid out over $425,000 on the claim before it filed a lawsuit seeking to void the policy for Ms. Hargis’ alleged conspiracy to cause the fire and inflation of the claim.  Ms. Hargis filed a counterclaim against the Insurer for breach of contract and bad faith.  Id. at *2.  Through the course of litigation, Ms. Hargis admitted that she hired a friend to burn down her house to collect the insurance proceeds.  Ms. Hargis and her friend were then indicted on conspiracy to commit wire fraud, where Ms. Hargis eventually pled guilty.  Ms. Hargis received a 60 month prison term and was ordered to pay restitution to Insurer.  After the indictment, the Insurer moved for partial summary judgment on Ms. Hargis’ bad faith claim, which was granted.  The Insurer also filed an amended complaint asserting causes of action for insurance fraud and a common law tort claim for reverse bad faith.  Id. at *3.

Description

This recall involves wall chargers with USB cords that are used to charge the iPhone 5 and 5S. The chargers have a geometric print in mint green and peach colors. Style numbers CRGT-003 or CRGT-004 are printed on the UPC sticker on the back side of the package. “Charlotte Russe” and “USB Cord & Wall Charger for iPhone 5/5S” are printed on the packaging. 

See the full details at CPSC

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.

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NFPA 921, Guide for Fire and Explosion Investigations plays a fundamental role in fire and explosion investigations. A new edition of NFPA 921 is scheduled to be published in 2014. For years, this document has played a critical role in the training, education and job performance of fire and explosion investigators. It also serves as one of the primary references used by the National Fire Academy to support its fire/arson-related training and education programs. It is imperative that investigators understand the scope, purpose and application of this document, especially since it will be used to judge the quality and thoroughness of their investigations.

NFPA 921, Guide for Fire and Explosion Investigations plays a fundamental role in fire and explosion investigations. A new edition of NFPA 921 is scheduled to be published in 2014. For years, this document has played a critical role in the training, education and job performance of fire and explosion investigators. It also serves as one of the primary references used by the National Fire Academy to support its fire/arson-related training and education programs. It is imperative that investigators understand the scope, purpose and application of this document, especially since it will be used to judge the quality and thoroughness of their investigations.

Read more...

SAN DIEGO - A Team 10 and Scripps News investigation found arson fires are not investigated properly in many American cities -- including San Diego -- due to a chaotic patchwork of reporting systems and standards.

Many deliberately set building fires are not reported to the federal government.

Nationally, just 5 percent of all residential building fires are intentionally set, according to the National Fire Incident Reporting System, which is part of the Department of Homeland Security.  Data collected by Scripps News suggests the national arson rate to be significantly higher.

Read More...

The following article was submitted by Randy Martin, CCAI Chaplain.

 

As I arrived at the parking lot of the HP Pavillion in San Jose, I was greeted by a red sea of fire apparatus.  The San Jose Fire Department had provided two ladder trucks that were set up in the parking lot; ladders fully extended facing each other with a very large American flag hanging between them.  It was a spectacular site, and what an awesome tribute to Rob.  The flag hanging is this manner has always impressed me.

After arriving, I located the Chaplain that would be performing the service.  As it turned out, he was a Captain that had I worked with in Riverside, California.  It was good to see him again.

The procession that entered the parking lot was laden with fire apparatus and was followed by the limousines that carried the family.  The procession route was lined with fire personnel standing at attention and saluting as the fire engine, which carried the casket, made its way through the crowd.

The San Jose Fire Department had positioned two additional ladder trucks with their ladders fully extended, donning the American flag hanging between them inside the Pavillion.

The service opened with music and a warm welcome to everyone in attendance followed by prayer, guest speakers, the eulogy, and a message to the Fire Family, a Law Enforcement prayer and a song.  The Benediction was followed by the Fire Fighters prayer, the Last Alarm and the Riffle Volley.  Taps rang out from the bag pipes, which always gets to me.  In closing, they had the Flag Folding after which the pipes and drums played Amazing Grace and ended with the presentation of gifts for the Family.

Rob was only on this earth for 47 years; he left us way too soon! He will be missed dearly.

Fire Chaplain

Randy Martin

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Sixth Circuit Refuses to Create a Cause of Action for Reverse Bad Faith

5/15/2015 by Gregory HudsonJennifer Kennedy-Coggins Cozen O'Connor

In an opinion handed down last week, the Sixth Circuit Court of Appeals refused to adopt a new cause of action under Kentucky law for a reverse bad faith claim by an insurer against its insured where the Kentucky Supreme Court had not previously done so in State Auto Prop. & Cas. Ins. Co. v. Hargis, — F.3d –, 2015 WL 2081922, 2015 U.S. App. LEXIS 7475 (6th Cir., May 6, 2015).  The Sixth Circuit further refused to certify the question to the Kentucky Supreme Court for review.  Slip Op. at *4-5.

At issue in this case was a fire loss sustained to the insured’s, Lori Hargis, residential home.  State Auto Property and Casualty Insurance Company (“Insurer”) insured the home.  Ms. Hargis submitted a claim for the fire loss totaling over $866,000.  The Insurer paid out over $425,000 on the claim before it filed a lawsuit seeking to void the policy for Ms. Hargis’ alleged conspiracy to cause the fire and inflation of the claim.  Ms. Hargis filed a counterclaim against the Insurer for breach of contract and bad faith.  Id. at *2.  Through the course of litigation, Ms. Hargis admitted that she hired a friend to burn down her house to collect the insurance proceeds.  Ms. Hargis and her friend were then indicted on conspiracy to commit wire fraud, where Ms. Hargis eventually pled guilty.  Ms. Hargis received a 60 month prison term and was ordered to pay restitution to Insurer.  After the indictment, the Insurer moved for partial summary judgment on Ms. Hargis’ bad faith claim, which was granted.  The Insurer also filed an amended complaint asserting causes of action for insurance fraud and a common law tort claim for reverse bad faith.  Id. at *3.

Read more...

MiWorld Accessories Recalls Plug-in Wall Chargers for iPhones

Recalled USB Cord & Wall ChargerDescription

This recall involves wall chargers with USB cords that are used to charge the iPhone 5 and 5S. The chargers have a geometric print in mint green and peach colors. Style numbers CRGT-003 or CRGT-004 are printed on the UPC sticker on the back side of the package. “Charlotte Russe” and “USB Cord & Wall Charger for iPhone 5/5S” are printed on the packaging. 

See the full details at CPSC

GM Threatened With Regulatory Investigation Before Issuing Recall For Fire-Prone Hummers

July 14, 2015

Last week, General Motors announced that it would recall nearly 196,000 Hummer vehicles because simply turning on the heating or cooling system could set the car ablaze.While we reported that federal regulators had received nearly two dozen consumer complaints about the issue over the past seven years, a new report finds that the real number of reported incidents is much higher, and that GM may have continued to put off issuing the recall had it not been for threats of an investigation.

Jalopnik, citing sources with the National Highway Traffic Safety Administration, reported earlier today that General Motors only recalled the model year 2006 to 2010 Hummer H3 and model year 2009 to 2010 H3T after regulators threatened to open a formal investigation into the issue.

According to GM, the issue with the Hummer vehicles is related to an electrical part in the heating and cooling system that can overheat and cause a fire inside the dashboard.

Jalopnik reports that the first fire related to the blower issue occurred in August 2008 and was reported to NHTSA the following month.

However, a chronology report [PDF] posted by NHTSA at the time of the recall alleges the company only learned about the issue after receiving two consumer complaints through its Speak Up For Safety program in September 2014.

Read more...

Hearth & Home Technologies Recalls Gas Fireplaces

Corner FireplaceDescription

This recall involves Heat-N-Glo® and Heatilator® Corner Unit Series indoor gas fireplaces. The fireplaces are LP or NG-fueled corner units with tempered glass fronts. The following model numbers are printed on the unit rating plate, located near the controls used to operate the units, and in the instruction manual.

 

LCOR-36TRB-IPI
RCOR-36TRB-IPI
GDCL4136I
GDCR4136I

 See the full details at CPSC

Cooper Lighting Recalls Fluorescent Lighting Fixtures

RecallDescription

This recall involves indoor 2-light fluorescent light fixtures that range in size from 18 inches to 4 feet long. The fixtures were sold in white and can be mounted from heights between 8 and 12 feet. A date code between 182 11 (July 1, 2011) and 090 15 (March 31, 2015) is affixed to the fixture near the ballast in a DDD YY format. Catalogue and model numbers are located on the second line of a label affixed to the inside of the fixture. Catalogue and model numbers included in the recall: DLE217RLP, DLE217RLPB, DLE 232RLP, DLE232RLPB, SL232R, SL232R/1, SL232RPC, SL232RTP, SLNR232R, SLNR232R/1, SLNR232RCHR, SLW232R, SLW232R/1, SNF115R, SNF117R, SNF125R, SNF217R, SSF217R, WP217R, WP217RNKLLU, WP232R, WP232RLU, WP232RNKL, WP232RNKLLU and WP232RNKLRL.

 

Click here for full details from CPSC.

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