Process of Elimination Leads to Liability Opinion & Policy Limits Settlement

Stutman Law’s New Loss Department obtained a policy limits settlement following a large commercial property fire. The property was owned by the client’s insured and leased to a tenant who operated a small business from the location. The fire originated in an office space containing multiple electronic devices and other potential ignition sources.

Upon receipt of the assignment, Stutman Law acted immediately to investigate and preserve the scene before mitigation efforts could commence.  Following a joint inspection, all potential ignition sources were identified and retained, including computers, printers, power strips, chargers, and electrical circuitry within the area of origin. Each item was examined and ultimately ruled out as the cause of the fire.

As the investigation progressed, witness interviews established that the tenant had been smoking cigarettes near the area of origin shortly before the fire.  Based on these statements, along with thorough documentation of the scene and the elimination of all other potential causes, Stutman Law’s experts opined that the fire resulted from the careless disposal of smoking materials.

With a clear liability position, Stutman Law secured a pre-suit policy limits settlement with the tenant’s insurance carrier.

This matter highlights the importance of early intervention and a focused liability investigation.  Without prompt evidence preservation and a methodical process of elimination, it is highly unlikely that this matter would have resolved favorably and without the expense and delay associated with litigation.