There's been a fire and an insurance claim. Is the claimant a despondent victim or a crook intent on taking advantage of the system? This practical guide will help you to discover the causes of the fire and effectively representing your client in such claims. Walk through the investigation and claim process – and gain practical insights along the way. Order today!

1. Introduction
2. Proof of Cause and Origin of Fire
3. Handling Arson and/or Fraud Claims
4. Insurance Claim Process
5. Measure of Damages
6. Extra-Contractual Claims for Bad Faith

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Continuing Legal Education

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1. INTRODUCTION
   10:00 - 11:00, James A. Baxter
   1. Claims Arising Out of Fire Loss Can Arise in Many Different Ways
      1. Claims Under a Fire Insurance Policy Where No Arson or Fraud is Alleged, But Where Coverage and/or Damages are in Dispute.
      2. Claims Under a Fire Policy Where Arson or Fraud is a Defense in Whole or in Part to the Claims Under the Policy.
      3. Claims by Subrogated Insurers and/or Under-Insured or Uninsured Parties Against Allegedly Negligent Third Parties.
      4. The Defense of Such Subrogation Claims.
2. PROOF OF CAUSE AND ORIGIN OF FIRE
   11:00 - 11:45 and 12:00 - 12:45, James A. Baxter, Chris W. Korinek, Richard W. Relien and Curt J. Reynolds
   1. All Fire Claims Have the Following in Common:
      1. Early Inspection and Preservation of the Scene of the Fire
      2. Elimination of Issues of Spoliation Through Notice to all Possible Parties
      3. Hiring the Right Expert or Experts
         1. Cause and Origin Expert
            1. NFPA - §921
            2. Daubert challenges
         2. Electrical Engineer
         3. Need for Other Potential Experts
3. HANDLING ARSON AND/OR FRAUD CLAIMS
   12:45 - 1:45, Jon A. Hanson
   1. Establishing Cause and Origin of Arson Fires
   2. Related Fraud Claims
      1. Exaggerated Damages
      2. Misrepresentation and Concealment
      3. Innocent Co-Insured Doctrine
   3. Additional Investigation
      1. P.I.L.R.
      2. N.I.C.B.
      3. S.I.U.
      4. Working with Law Enforcement
      5. Arson/Fraud Immunity Statute
4. INSURANCE CLAIM PROCESS
   2:15 - 3:00, James A. Baxter
   1. Applies to All Claims Including Potential Arson and/or Fraud
   2. General Investigation
   3. Inspection of Property
   4. Recorded Statements
   5. Proof of Loss
   6. Production of Documents
   7. Examinations Under Oath
   8. Acceptance or Denial of Claim from Coverage Standpoint
   9. Acceptance or Denial of Claim from Damage Standpoint
5. MEASURE OF DAMAGES
   3:00 - 3:30 and 3:45 - 4:30, Jon A. Hanson and Curt J. Reynolds
   1. Property Damages
      1. Coverages for Building Loss
         1. Value Policy Laws
      2. Coverages for Contents Loss
      3. Meaning of Actual Cash Value
         1. Application of Broad Evidence Rule
      4. Business Interruption Loss
      5. Extra-Expense Loss
      6. Loss of Use
      7. Dealing with Claims of Mortgagee
   2. Early Retention of the Right Experts
      1. Forensic Accountants
      2. Personal Property Specialists
      3. Contractors
      4. Architects
   3. Subrogation Claims
   4. Invoking the Appraisal Process Under the Policy
      1. When to Invoke the Appraisal Process
      2. Rules of the Appraisal Process
      3. Selecting the Right Appraiser
      4. Selecting the Right Umpire
6. EXTRA-CONTRACTUAL CLAIMS FOR BAD FAITH
   4:30 - 5:00, James A. Baxter
   1. Elements of Bad Faith
   2. Avoiding Bad Faith
   3. Related Causes of Action

JAMES A. BAXTER is a shareholder with von Briesen & Roper, S.C., in the firm's litigation and risk management practice group. His practice focuses on civil litigation, with an emphasis on commercial litigation and property, casualty, and coverage matters on behalf of businesses and insurance companies in state and federal courts. Over the years, Mr. Baxter has been a frequent lecturer at continuing education programs in his main areas of practice. In addition, he has taught at Marquette University Law School and has authored several articles in the area of litigation and alternative dispute resolution. Mr. Baxter is a member of the American Bar Association, State Bar of Wisconsin, Milwaukee Bar Association, Defense Research Institute, Wisconsin Defense Counsel, Wisconsin Arson Insurance Counsel, International Association of Arson Investigators and Wisconsin Chapter of International Association of Special Investigation Units. He is admitted to practice before the U.S. District Court, Eastern and Western districts of Wisconsin; and the U.S. Court of Appeals, Seventh Circuit. Mr. Baxter earned his B.S. degree from Carroll College and his J.D. degree from Marquette University.

JON A. HANSON is senior partner of the law firm of Hanson Lulic & Krall, LLC, located in Minneapolis, Minnesota. The law firm specializes in representing insurance companies on questions of insurance coverage, including arson and fraud. He is admitted to practice before the state and federal bars of Minnesota, Nebraska and Wisconsin. Mr. Hanson has completed the three-part fire and arson investigation course offered by the state of Minnesota and instructed a portion of the course for approximately 10 years. He also has been a seminar participant for the Minnesota Bureau of Criminal Apprehension, the Minnesota Fire Chiefs Association, the Minnesota Chapter of the International Association of Arson Investigators and the Insurance Committee for Arson Control. Mr. Hanson also is listed on the state wide roster of qualified neutrals for mediation. Since 1972, he has limited his practice largely to representing insurance companies on questions of insurance coverage, including arson and fraud. Mr. Hanson graduated from the University of Minnesota and earned his J.D. degree from the University of Nebraska.

CHRIS W. KORINEK is the president and a professional engineer with Synergy Technologies, LLC, where his main areas of expertise are electrical fire and mechanical failure analysis; injury prevention; electrical shock; and mechanical injury analysis, safety, warnings, and hazard analysis, training, research, product and process design, quality assurance and reliability. He successfully operates an engineering consulting firm to provide investigation services in field failure analysis for electrical, mechanical, and electrical shock and mechanical injury matters and new product, and safety and warnings development. Mr. Korinek produced the first of its kind training video on electricity and electrical fires. He has spoken about electrical fire analysis extensively in the US and abroad. Mr. Korinek has testified 54 times in both state and federal courts. Mr. Korinek earned his B.S. degrees from the University of Wisconsin-Milwaukee and Marquette University. He is a professional engineer, currently licensed in Wisconsin, Illinois, Michigan, Minnesota, Iowa and Indiana. Mr. Korinek is a certified fireplace inspector by the Fireplace Investigation Research and Educational Service and a certified quality engineer by the American Society for Quality. He is a member of the Fireplace Investigation Research and Educational Service, National Academy of Forensic Engineers, American Society of Mechanical Engineers, American Society of Heating, Refrigeration and Air Conditioning Engineers, Institute of Electrical and Electronic Engineer, International Association of Arson Investigators, and National Society of Professional Engineers.

RICHARD W. RELIEN is the owner and a full time fire investigator with Cal Phillips Fire Investigations & Consultants, Inc. Mr. Relien has been the lead investigator for the City of Neenah Fire Department for more than 10 years. He has presented at seminars in his main areas of practice. Mr. Relien is a member of the IAAI, IAAI Award and Scholarship Committee, Winnebago County Fire Investigation Unit, Winnebago County Fireman's Association, and Winnebago County 911 Fire Sub Committee. He graduated, with honors, from the US Army Medical Training Center and is currently working toward is associates degree in fire protection technology at Fox Valley Technical College.

CURT J. REYNOLDS is a shareholder with Peters & Associates, S.C. He has focused his career entirely on investigative auditing and the measurement of damages. Mr. Reynolds has diversified experience in matters dealing with loss of earnings, third party liability, stock losses, fidelity losses, personal injury, arson and fraud. He is responsible for the evaluation of a variety of damages. Mr. Reynolds has extensive experience in the review of insurance claims for economic and physical damages in a variety of businesses and industries. He also has provided litigation support services pertaining to a variety of businesses and industries. Mr. Reynolds is a certified public accountant in Wisconsin and Michigan, and certified in financial forensics by the American Institute of Certified Public Accountants. He is a member of the Wisconsin Institute of Certified Public Accountants and American Institute of Certified Public Accountants. Mr. Reynolds earned his B.A. degree, magna cum laude, from the University of Wisconsin-Stout.

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