In Louisiana, homeowners’ insurance policies typically exclude coverage for fires caused by arson.
Sometimes, insurers may deny fire damage claims by alleging that the fire was intentional. While such accusations are rare, they can create serious challenges for homeowners seeking compensation for accidental fire losses.
If your fire claim is valid and your insurer questions the cause of the fire, consulting a fire damage claim attorney can help protect your rights. Our lawyers represent New Orleans and Louisiana homeowners in disputes over fire insurance claims, including cases where insurers allege arson.
Does Insurance Cover Arson?
In Louisiana, fire insurance does not cover fires you intentionally set—this is considered arson. Arson is defined as deliberately trying to set fire to your own property.
However, if someone else sets fire to your home—such as an ex, a disgruntled coworker, or another malicious individual—your insurance claim is generally covered. As long as you had no involvement in the fire, the insurance company will usually honor the claim, and it can be difficult for them to deny coverage based on allegations of arson.
What’s The Difference Between Arson and Accidental Fires?
Arson occurs when someone intentionally sets fire to a home. Accidental fires happen without intent, caused by factors like electrical faults, unattended cooking, or heating equipment.
Generally speaking, your insurance company is not going to assume that you committed arson. This is an important point. Sometimes a fire will be your fault, but it’s nothing intentional. The reality is that fires are caused by accidents, and accidents do happen. There are many accidental causes of fire, just as there are many reasons a person would be motivated to intentionally burn down a home.
Can Insurance Companies Deny Arson Claims?
Yes, insurance companies will try to use the right they have to deny claims for arson as a reason to not pay you.
You might hear this referred to as the “arson clause” or “arson defense”. It’s one of the primary ways to deny a fire claim in Louisiana.
Insurance companies will look for a reason you might want to burn your house down. They may ask about your emotional state, your finances, and whether you previously filed for bankruptcy.
What Role Do Insurance Companies Play in Arson Cases?
When you report a fire loss to your insurer, the insurance company will conduct an investigation into what caused the fire.
They may work with state law enforcement and fire investigators and learn if these authorities believe arson played a role.
Insurance companies conduct their own investigations in which they must prove a homeowner or another person committed arson. Even if someone isn’t criminally convicted of arson, an insurance company has a lower standard of proof in a civil arson case based on preponderance of the evidence.
They need to prove you alone set the fire and had a motive.
Basically, it’s not your job to convince a jury that you didn’t commit arson. As long as you’ve paid your premiums and submitted a valid claim to cover your losses, it’s your insurer’s job.
The reality is it’s very hard to prove someone set their own fire intentionally, and wanted to destroy everything they loved. Most people aren’t cold, callous, or desperate for money that they are willing it destroy their entire life. It very rarely happens.
Dealing with Arson Accusations in Home Insurance Claims
Home insurance companies may accuse you set your house on fire, with no solid evidence, as a way to deny your initial claim.
Even if the government’s investigation into a fire ruled out foul play, homeowners insurance companies may still raise suspicions of arson.
While it sounds scary when the word “arson” or “special investigation” is thrown around by your insurance company, this is an unnecessary reaction. Get an attorney and let him or her guide you through the process of a fire insurance claim. Don’t be scared by the insurance company’s accusations of arson — get help!
Why You Might Need an Independent Fire Investigation
You may need to have an independent investigator review the origin of your home’s fire even after the initial fire report was filed.
Our insurance claim lawyers have had the privilege of representing people affected by fires. In several of these claims, the insurance company has at least implied that the homeowner intentionally set fire to his or her own home. In each one of those cases, that implication has gone nowhere.
Arson Case FAQs
Arson is a criminal act, and insurance companies write their policies to exclude deliberately set fires. Otherwise, fraudsters would be able to collect insurance despite breaking the law.
Local, state, and sometimes even federal government agencies may participate in an arson investigation. First responders to a fire may relay unusual things they’ve seen to investigators, whose job it is to document the scene for strange burn patterns, the presence of accelerants, and tampered utilities.
Fire insurance policies will not cover fires that are set on purpose, only accidental losses.
Contact a Fire Insurance Claim Lawyer Serving New Orleans
If you’ve been accused of arson by your insurance company, and fear they may refuse to cover your fire loss, our team is here to provide you with answers, advice, and help.
Our home insurance lawyers serving New Orleans and Louisiana have represented thousands of homeowners. We are committed to serving you and helping you ensure that you are represented in dealings with the insurance company and your claim is protected.
Call our team at Insurance Claim HQ. Schedule a free consultation online or call us today.
