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Do insurance companies do enough to protect adjusters and policyholders after fire losses? | Property Insurance Law Team Blog



The Rocky Mountain Association of Public Insurance Adjusters (RMAPIA) is holding a spring meeting where I will discuss Safety and valuation issues after losses in forest fires. An article, Best Practices for Health and Safety for Fire Investigators,1 should be read by all adjusters and claims adjusters. While fire investigators are often at the fire scene before adjusters and policyholders are allowed, most health risks from a fire are still present for adjusters and policyholders after the fire.

The article stated in part:

Toxic hazards, on the other hand, are present at every fire site (forest, shrub, crop, structure, vehicle, debris). Although fires are usually short-term events, the chronic exposure effects can have a long-term health effect on those involved.

The primary toxic hazards are from the many gases and vapors found in the smoke and fire debris, as well as skin exposure to combustion products. Smoke consists of invisible vapors and gases, visible particles and invisible nanoparticles, all of which are dangerous to the health of fire investigators.

Fire debris also contains many different chemicals, gases and particles that are dangerous. During and immediately after a fire, there are many fire gases present. But after the fire, and often for a long time after, there are particles, nanoparticles, vapors and gases that can pose a threat to the fire investigator. Although much has been written in the last ten years about the effects of these toxic gases on firefighters, not enough has been said about their impact on fire investigators.

I can remember going to fire seminars with scenes of intentional burns in the mid-1

990s without protective gear other than boots with steel toes. Much has changed since then. We are much more educated about the dangers that remain at a fire site long after the fire has been extinguished.

Insurance companies and independent adapters have a legal obligation to teach their adjusters about these hazards, how to deal with them and provide safety equipment, so that they are safe when performing their job. I discussed this in Insurance companies and independent adapters that do not provide personal protective equipment for firing claims violate OSHA standards:

Fire places are in themselves dangerous workplaces for insurance adjusters. Still – as I said yesterday, OSHA standards apply to insurance adjusters, it is my experience that most insurance companies and independent customization companies do not have a safety program or training for their adjusters that work on fire sites and adjust losses and evaluate damage. This is illegal and in violation of federal law. It’s amazing that OSHA has not fined these entities whose executives need to be aware of these dangers – they sell and service fire insurance.

My question to the insurance companies and their adjusters is: “Why do you order your policyholders’ customers who are victims of the fire to return to this dangerous fire site to fill out the paperwork for loss of contents, dig through the carcinogenic debris without warnings and proper safety equipment?”

IN Pay!, I discussed one of our clients who did this for months at the insistence of her insurance company. Many insurance companies mistakenly force their policyholders to dig through the debris and debris to find and list the damaged property instead of hiring qualified content adjusters to do the same. I wonder how many insurance companies hope that they will benefit from the policyholders giving up this process.

I’ve never heard of an insurance company providing personal protective equipment to policyholders who go into the trash of their fire-ravaged homes and try to follow the insurance companies’ wishes. Today’s insurance company claims managers know better.

I suggest that insurance claims management consider how their claims management procedures affect the safety of their adjusters and that customers are protected during the adjustment of claims.

Today’s thoughts

The safety of the people must be the highest law.
– Marcus Tullius Cicero
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1 Fire Investigator Health and Safety Best Practices, 2nd edition. International Association of Arson Investigators, Inc. Health & Safety Committee. May 4, 2020. (Available at https://www.firearson.com/uploads/FireInvestigatorHealthSafetyBestPracticesSecond.pdf)


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