MEC&F Expert Engineers

Friday, October 14, 2016

MARINE AND TRANSPORTATION CLAIM MANAGEMENT AND CLAIM INVESTIGATIONS. Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services

MARINE AND TRANSPORTATION CLAIM MANAGEMENT AND CLAIM INVESTIGATIONS.

 

Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services

Construction, Investigation, Remediation and Forensic Expert  Engineers
P.O. Box 520
Tenafly, New Jersey 07670-0520
Ph.: (973) 897-8162
Fax: (973) 810-0440

 



The Wages of the Sea, Ground, and Air


The maritime business is a high-profile industry with ever-present potential for catastrophic losses. Transportation issues affect nearly every enterprise around the world, but can present particular financial and operational challenges to firms in this industry. Rising fuel costs, employee shortage and retention issues, credit risks, marketplace competition, these and other exposures can have a severe impact on a company's bottom line and impede its overall success.

Whatever and wherever the possible risk, Metropolitan has experienced professionals to provide solutions and the ability to quickly deploy them to the site of the incident.



Worldwide Scope and Precision Expertise

With a dedicated global Marine and Transportation team of experts, our services range from simple cargo surveys, loss control analysis, adjustment of ocean or inland marine claims, and full third-party administration (TPA) services with centralized claims intake, to complicated hull and machinery liability attendances.

Whatever the scale of the service required, our clients can be assured of a professional approach, delivered by highly qualified personnel with the required experience and qualifications to deliver an effective marine and transportation claims solution. Our staff includes ex-seagoing mariners and engineers, cargo experts, naval architects, specialists in ocean, inland and motor truck cargo, specialists in subrogation and recovery, and many more expert disciplines.

The Marine and Transportation group has focused expertise on the key components of a comprehensive insurance loss program including:

  • Aviation liability Property Damage & Bodily Injury
  • Aviation machinery
  • Construction, civil, and port
  • General average
  • Logistics and cargo liability
  • Marine cargo
  • Marine hull and machinery
  • Motor cargo liability
  • Protection and indemnity
  • Small craft claims less than 60 meters
  • Subrogation and recovery
  • Super yachts worldwide
  • Trip and tow management
  • Wind park offshore



The Benefits of METROPOLITAN 

The multinational and global risk and insurance community needs a team of experts with the experience and industry focus to evaluate and assess damages under extreme conditions. METROPOLITAN has the commitment, skills, resources, technology and the experience required to meet the specific needs of each client.

METROPOLITAN Key Service Features:

  • World-wide service: A global network of experts, including surveyors, environmental scientists, engineers, consultants, and specialist case handlers
  • Compliance: Strict adherence to relevant governing legislation (ELD, CERCLA/Superfund, etc.)
  • Cost-effective: Reduced indemnity spend, financial assurance for insurers
  • Confidence: Transparent claims procedures and reporting standards
  • Reliability: Experienced, qualified professionals, infrastructure and leadership to strategically project manage losses anywhere on the glob






METROPOLITAN Claims Handling Guidelines for

MARINE – SERVICE STANDARDS

I.                    Acknowledgement

A.                  Always by e-mail unless otherwise requested.

II.                  Contact

A.                  Immediate contact with vessel owner and boatyard to arrange inspection.

B.                  Contact by telephone and e-mail confirming date and time of inspection.

C.                  Copy of e-mail and notes in file.

III.                Investigation

A.                  Identify vessel by the Hull Identification Number (HIN) and compare to the policy.  Obtain hours on the vessel and serial numbers on the engine when possible.  Comment on how the vessel is maintained.

B.                  Inspect vessel within the scope of the claim, i.e., if mechanical, make sure you have the proper personnel present if you do not have the qualifications.  The client will direct as to what they want covered.

C.                  Inspect damage both inside and out as damage may transfer.  Damage often in a fiberglass vessel will show on both the hull and the interior, i.e., bottom damage on the outside may be minor, but the interior could have major damage such as stringer separation or cracking.

D.                 Scene inspections should be identified either by marina locations or the longitude and latitude coordinates on the water.

E.                  Statement from the captain and crew when instructed.  Identify official personnel present, i.e., Department of Natural Resources (DNR) or marine police.  Obtain report number and where it can be obtained.

F.                   Photograph all sides of the vessel, along with good photographs of the damage or the accident scene.

G.                 Obtain the name of the boatyard where the Insured wants the vessel repaired and try to get an agreed scope and price for the repairs.  All yards vary in their pricing.

IV.                Experts

A.                  Experts are frequently used on marine claims, depending on the fields of expertise needed.  Information can be found on the Internet or by using the directories provided by the surveying associations SAMS and NAMS.

V.                  Reporting

A.                  First report is always a captioned report on stationary and copied and e-mailed.

1.         Assignment

2.         Coverage state policy number and dates and coverage to be involved or coverage questions to be discussed and researched.

3.         Vessel identification, HIN number to police and full description of the vessel.  Is it well-maintained, including name, length, width, power and serial numbers?

4.         Description of Incident – Full description from the vessel captain or operator.  Full description of the damage involved to insured vessel or claimant’s vessel.  Identify all parties involved and separate captions for them - Insured, Claimant, Witnesses, DNR or Marine Police.

5.         Repairs scope of the damage with open area, if any, and agreed price with the owners repair yard.

VI.                Conclusion

A.                  Further Handling – List all work needed to complete the investigation or the completion of the damage report.

VII.              Billing

A.         Unless prior agreement was made, billing is done on a time and expense basis to be sent in with the final report.









Claims Management System


Many clients mean many claims management or tracking systems. Our adjusters and examiners are familiar with most "out of the box" style management systems, as well as a number of customized systems. For those clients that may not have their own system developed, we can offer a web based customizable system, tailored to the specific needs of the client.

Our claims management system is constantly under development in an effort to keep abreast of new advances in technology and deliver streamlined access and intuitive document retrieval. 

This system not only allows secure access to relevant documents, reports and at-a-glance status updates, but also allows adjusters and examiners to collaborate in real-time via video, voice or text to generate the perfect end product. 

 Currently, for catastrophes, we utilize the FileTrac CMS.

Our file handling process at a glance:


Our file handling process generally far exceeds the standards for file handling issued by our client carriers. Below is a brief description of the typical step-by-step process that has become our personal standard for handling your files:

 Claim is received via email, fax, online or by telephone

  1. Claim is entered into our CMS
  2. Claim is assigned to adjuster, who is notified via telephone and email
  3. Acknowledgment is sent to client

  • Adjuster Handling

  1. Insured is contacted on the same business day of assignment
  2. Loss is inspected within 48 hours
  3. Estimate is completed using the Xactimate estimating platform
  4. Report is submitted for internal review within 5 days

  • Internal Review

  1. Each and every file is reviewed by a staff examiner intimately familiar with the policies and procedures of your company
  2. File revisions are performed in house to ensure speedy delivery to the client 
  3. *Complete report is submitted to the client within 7 days
    • In the event of a large loss or directions from the client to secure an agreed cost or bids from a contractor or emergency mitigation service, a first report will be submitted within 5 days.

  • Revisions & Re-Inspections

  1. Any carrier requested file revisions are completed the day they are requested
  2. The client will not be charged any additional fees if a re-inspection is required as a result of items that were overlooked by the field adjuster (hidden damages do not apply).







Marine, Inland Marine and Cargo Claims

We maintain a roster of adjuster specialists focusing on Marine & Aviation claims. Smaller losses, such as container losses, inland marine losses and cargo losses can be managed anywhere within our daily claims territories. Larger losses such as ship, oil platform, wind turbine or aviation losses will generally require specialists that can usually arrive at an accessible loss site within 24-48 hours.



We work with some of the finest estimators and engineers in the nation, and have strong relationships with aviation repair facilities and shipyards. We can generate accurate estimates and secure agreed scopes and costs for repairs in record time.

 Our specialist marine adjusters are trained to handle:

  • Builders Risk (Marine Related)
  • Cargo
  • Charterer's Liability
  • General Liability
  • Hull & Machinery (P&I)
  • Offshore Property (such as drilling platforms and wind turbines)
  • Pollution
  • Ship Repairer's Liability
  • Stevedore's Liability
  • Tankerman's Liability
  • Terminal Operators Liability
  • Wharfinger's Liability









Marine Claims Investigation

High and unjustified claims in simulated cases of damage make it more difficult for ship and yacht insurance companies to maintain a customer and competition-oriented premium structure; and they, too, burden the result. Processing departments with their internally or externally involved legal advisers therefore regularly depend on professional support in order to achieve a clear understanding about the legitimacy of the underlying claims.

As regards the reconstruction of the circumstances of a loss, the discovery and return of insured asset values, or the identification and structured interrogation of witnesses and suspicious persons it is often also important to have experiences in cooperating with domestic and foreign law enforcement agencies and to have special nautical expertise.

METROPOLITAN is an approved and successful partner of notable insurance companies and in this regard knows to keep in focus the relevant legal aspects in all phases of damage investigation.

Whatever the commodity, Metropolitan has the expertise available from a professional team of consultants for undergoing surveys on a full cause, nature and extent basis.

Our expertise includes a full range of liquid cargoes and multi-commodity dry and reefer goods; together with other marine claim areas such as: damage to the ship’s hull, locks, docks, trailers and containers.

Our Clients include P & I Clubs, Cargo Underwriters & Charterers.  We work from various locations all around the US for local coverage and administer all operations from our Head Office in Newark. Due to our longstanding expertise and the specialized nature of many of the cargoes we deal with, we also travel world-wide for assignments.

We undergo reviews of claim documentation on both shortages and contamination of liquid and dry cargo claims having a vast range of experience with vessels and Terminals worldwide.

We are able to prepare our reports in a format for follow up Court Action, Arbitration or Mediation proceedings as required; we have also attended as Expert Witnesses when requested to do so.

To summarize our Marine Claims Investigation service includes the following:-

·         Full technical ‘Cause, Nature & Extent’ surveys

·         General average surveys

·         On the spot regular updates with the Client from our surveyors

·         Detailed photographic evidence, wherever possible, sent by email when required

·         Prompt but detailed reports immediately following our survey

·         Comprehensive report writing to an Expert Witness standard, as required

·         Review of claim documents for arbitration, mediation or court proceedings

We are active members of the Energy Institute, (EI) and we are quality assured to ISO 9001 giving our clients added security.







Loss Control

Loss Control is the process that is used to succeed in today’s ever demanding and evolving Petroleum industry. More than ever before, it is vital that a loss control strategy is in place working and protecting your financial interests.

Metropolitan has an unrivalled global reputation within the Loss control industry, with our dedicated team of qualified professionals including, Master Mariners, Chemists, Ex-terminal personal and experienced senior surveyors.

Losses can be categorized into two associated areas:

  • Real physical losses are caused by events such as; ROB quantities, loss of light ends, leakage or passing of vessel or terminal valves and deliberate theft or sabotage.
  • Apparent losses; these are paper losses caused by poor or erroneous procedures in quantity measurements, differing calculation procedures, sampling, sample handling and analysis as well as the different contractual methods of determining Quantity and Quality between the purchase and sale of a cargo.

Our policies ensure that we strategically evaluate an operation to prevent, minimize or eradicate both real and apparent losses.

All of METROPOLITAN’s consultants are proactive to give that added value to our principals’ commercial interest.

Our expertise enables us to investigate, react and respond to prevent our clients from suffering financial losses in cargo shortages, contaminations and demurrage claims.



We are continually preventing the loss of over 15 million USD annually to our clients.


We are ISO 9001 accredited, to give our clients quality assurance and we are active members of the Energy Institute.









Cargo Surveys & Superintendency



  Metropolitan has an unrivaled global reputation within the Cargo Surveying & Claims prevention industry, with our dedicated team of qualified and experienced professionals. METROPOLITAN have carried out numerous cargo surveys or have overseen cargo operations as Superintendents, across a wide spectrum of dry and wet cargoes.

 An outline of our experience covering particular cargoes is given within the pages listed to your left.

 Whatever the operation, be it a loading, discharge or an STS operation; or whatever the cargo, be it Dry goods, Reefer, or Petroleum such as Crude Oil, Products, or Chemicals, Bio-Fuels, LNG/LPG, we have expertise available to protect your interests.

 Our policy includes attendance at the loading and discharging or STS operations; until confirmation of both quantity and quality are successfully obtained. By doing such, we have found that we have been in a stronger position to prevent our clients from suffering financial losses in cargo shortages, cargo contamination and demurrage claims.

 Precise and regular communication with our clients, both prior and during an assignment by the attending Surveyor or Superintendent is an integral part of our service.







Crude Oil & Petroleum Products

 In an ever-evolving world market of clean & black oil trading, transportation and storage, it is vital, more than ever before, that a loss control strategy is in place - working on your behalf.

 METROPOLITAN have a wealth of global experience in the monitoring, measurement and control of a wide range of various crude oils and petroleum products.
Our Loss Control techniques include:

  • 100 % attendance during a load, discharge or STS operation
  • "Squeeze dry" discharge operations, effective C.O.W plan and monitoring,
    particularly of heated or waxy natured cargoes
  • Multi Point ROB/OBQ assessment
  • Specialized Closed sampling techniques available
  • Direct "real time" field communication with our clients
  • Protection of the Principal’s commercial interest
  • Analytical witnessing
  • Minimizing demurrage costs
  • Cargo Blending, both on board and in terminal
  • Oversight of cargo document accuracy
  • Detailed and unbiased report of events
  • Loss Investigation

Other Liquids & Services


 Other Liquids







Bio-Fuels


Metropolitan are building their knowledge base with Bio-Fuels having been requested to attend for shipments and on claims matters relating to these products. We are also part of a Working Group with the Energy Institute liaising with FOSFA & API to put forward proposals of standards on measurement practice. In addition, on the quality side we have been gaining experience with each cargo we have been involved with; as there is such a variety of products available in the market each with varying quality standards. METROPOLITAN are well placed to be able to assist you with any recent Claims matters and also with Loss Control and Claims Prevention.





LNG/LPG


Metropolitan have experience with measurement practice and certain claims matters relating to these cargoes and are well placed to be able to assist you with any recent Claims matters and also with Loss Control and Claims Prevention.

Other Services


Terminal Shore Tank Auditing (Inventories)


Metropolitan qualified team can offer an Inventory service linked to any operational Loss Control system your company may run.



Vessel Tank Cleaning


Metropolitan  qualified team can offer:

  • A pre-wash vessel tank inspection
  • A vessel washing equipment inspection & suitability report
  • A risk assessment and time-scale report
  • A bespoke tank washing programmer, designed individually, for each vessel
  • Use of chemical wash if needed
  • 100% attendance during washing operation
  • Direct field communication with our clients
  • Motivation, support and guidance to a vessel’s officers and crew

Our attendance can reduce a vessel’s down-time and eliminates possible next cargo contamination.

 Closed Sampling of Liquid Cargoes

Metropolitan  is aware that contaminated and non-representative samples can cause lengthy delays for Oil Majors and Traders - both after loading and prior to discharging.

That is why METROPOLITAN has experience with specialized closed sampling equipment which can eradicate the time lost due to the necessity of re-sampling or re-analyzing owing to erroneous contamination claims on sensitive and light cargoes. The system ensures that samples are not contaminated with particulates from the vessels vapor locks.

Unlike many vessels' sampling equipment used for obtaining cargo tank samples; the equipment we can employ draws representative running, spot or dead bottom samples on oil tankers via their vapor lock system.

In today's work place, with advancing safety and environmental considerations, the system eradicates the need for "open sampling" and enables accurate representative samples to be drawn.

The closed sampler ensures that no gases are expelled from a vessel tanks during sampling, essential when dealing with high H2S cargoes.

 We are active members of the Energy Institute and we are quality assured to ISO 9001.


 Commercial Risk Management






Oil Terminal Inspections and Audits

METROPOLITAN has experience in Oil Terminal Inspections and Audits to international recognized standards for Oil Majors, Traders and Insurers.

Surveillance of Oil Jetty Operations

METROPOLITAN has the experience of delivering specialized bespoke marine related services. Their expertise and professionalism has been called upon to represent the interests of Marine Assurance departments within Major Oil Companies in outlying ports and at Oil Terminals where difficulties / incidents have been experienced in the past. METROPOLITAN are able to offer that measure of confidence in the vessel operations by their attendance where there has been a lack of it in the past. Due to the unique ‘personal professional’ manner of operating, our Consultants are able to deliver results in what has been described previously as almost impossible circumstances.

These services can be tailor-made to the Clients requirements. We draw on a vast resource of experience in order to deliver just-in-time services, which is quite a frequent request in today’s heavily litigious society.

We are ISO 9001 accredited, to give our clients quality assurance and we are members of the Energy Institute and Nautical Institute.







 AVIATION CLAIMS

Our aviation adjusters are capable of handling hull claims and liability claims on all types of aircraft and aviation facilities. We maintain a strong roster of experienced aviation engineering and mechanical specialists. Our aviation adjusters are top notch, with A&P licensed professionals (with real world experience) and FAA Airframe Engineers acting as our estimators, former Commercial Pilots & Airline Transport Pilots acting as our C&O consultants (and adjusters in some cases) and Inspection Authorization professionals for review and quality assurance of our estimates. 

 We maintain a solid relationship with aviation MRO's and FBO's throughout the US, and can perform accurate adjusting with Accelerated results.





METROPOLITAN’S ACCELERATED ADJUSTING

Claims Management System


Many clients mean many claims management or tracking systems. Our adjusters and examiners are familiar with most "out of the box" style management systems, as well as a number of customized systems. For those clients that may not have their own system developed, we can offer a web based customizable system, tailored to the specific needs of the client.

Our claims management system is constantly under development in an effort to keep abreast of new advances in technology and deliver streamlined access and intuitive document retrieval. 

This system not only allows secure access to relevant documents, reports and at-a-glance status updates, but also allows adjusters and examiners to collaborate in real-time via video, voice or text to generate the perfect end product. 

 Currently, for catastrophes, we utilize the FileTrac CMS.

Our file handling process at a glance:


Our file handling process generally far exceeds the standards for file handling issued by our client carriers. Below is a brief description of the typical step-by-step process that has become our personal standard for handling your files:



  • Claim is received via email, fax, online or by telephone

  1. Claim is entered into our CMS
  2. Claim is assigned to adjuster, who is notified via telephone and email
  3. Acknowledgment is sent to client

  • Adjuster Handling

  1. Insured is contacted on the same business day of assignment
  2. Loss is inspected within 48 hours
  3. Estimate is completed using the Xactimate estimating platform
  4. Report is submitted for internal review within 5 days

  • Internal Review

  1. Each and every file is reviewed by a staff examiner intimately familiar with the policies and procedures of your company
  2. File revisions are performed in house to ensure speedy delivery to the client 
  3. *Complete report is submitted to the client within 7 days
    • In the event of a large loss or directions from the client to secure an agreed cost or bids from a contractor or emergency mitigation service, a first report will be submitted within 5 days.

  • Revisions & Re-Inspections

  1. Any carrier requested file revisions are completed the day they are requested
  2. The client will not be charged any additional fees if a re-inspection is required as a result of items that were overlooked by the field adjuster (hidden damages do not apply).


Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services.

Construction, Investigation, Remediation and Forensic Expert  Engineers
P.O. Box 520
Tenafly, New Jersey 07670-0520
Ph.: (973) 897-8162
Fax: (973) 810-0440

Contact: Dr. Bill N. Stephan, PhD, PE, JD, CIH, MBA, CHMM





Myths about fire origins debunked






There is no lack of cases involving arsonists setting fire to buildings and vehicles to defraud their insurance companies. The 2015 Insurance Fraud Hall of Shame includes two shocking arsons. Fortunately, many such crimes are uncovered by well-trained fire investigators.

Arson still is happening just as it was decades ago, and fire-starting methods haven’t changed dramatically. What has changed are the professionals who investigate arsons. Our scientific knowledge of fire has grown substantially, and investigative techniques have improved. Professionalism overall has grown remarkably.

But has the fire-investigation community’s knowledge and sophistication plateaued? Yes and no. Some science and methodology arguably have leveled out, but more important work remains to be done. Dramatic legal changes also will affect every fire investigator and arson case, and thus every insurer involved in fire-claims litigation. 


Myths about fire origins debunked

The fire-investigation industry’s knowledge has improved exponentially in the past 25 years. Many beliefs about evidence were scientifically tested in the 1990s. The beliefs often were found to be myths. Well-known examples include collapsed bedsprings, “crazing” of glass and concrete spalling. All once were considered signs of ignitable liquid. Fire investigators today far better understand the implications of flashover — when fire generalizes throughout a room — and its potential to mask patterns the fire might have deposited in its early phases.

Other scientific knowledge has been developed and codified. Increasingly, published information has been backed with facts and data. Fire-investigation professionals came to understand the field is scientific and technical. The debate about whether it is more “art” or “science” long has passed. And as we learn more about fire science — especially ventilation and flashover — many investigators are more-cautious and thoughtful in determining fire origin and cause.

Indeed, if the boom in scientific knowledge revolutionized the field, there was an equal revolution in the methodology fire investigators use. Especially important are the thought processes and analysis needed to arrive at the correct result.

A watershed was the first edition of National Fire Protection Association Document 921, Guide for Fire and Explosion Investigations. It was issued in 1992.1

NFPA 921 codifies much of the body of knowledge about fire science. It also cements the scientific method as the correct methodology for decision-making about fire origin and cause.

“There was welcome discussion of researcher biases that were well-known...”

The scientific method involves identifying the need and problem, gathering and analyzing data, developing working hypotheses, and testing them. While the process of elimination is familiar to physicians and scientists, it was a shift in thinking for some fire investigators. There was welcome discussion of researcher biases that were well-known in the scientific community, such as “confirmation bias” and “expectation bias” that can skew seemingly objective research.

The manual is revised every three years by a committee of industry leaders. It is the most-important book on fire investigation in the U.S. — and some other countries. It is closely followed in importance by NFPA 1033, Standard for Professional Qualifications for Fire Investigator. That manual defines qualifications and job-performance requirements in the public and private sectors.

These manuals appear often in court decisions, and are widely used by attorneys on all sides of criminal and civil fire litigation. Although NFPA 921 is a guide instead of mandatory standard, numerous courts across the U.S. consider it a “best practice” or “industry standard.”2 This confirms the need to follow the methodology prescribed in the book.

“A fire investigator eliminates all potential known ignition sources ...”

New editions of NFPA 921 involve less controversy, though some controversy remains. The concept of “negative corpus” has attracted attention. A fire investigator eliminates all potential known ignition sources, then concludes this elimination proves another ignition source for which there is no evidence. Typically, investigators relying on this process point to the absence of other ignition sources as proof the cause was incendiary, such as match or lighter.

Negative corpus has supported criminal convictions and denials of insurance benefits, though not always correctly. The argument continues in the community about whether the doctrine would be appropriate under limited circumstances. But after much discussion and argument, NFPA 921 strongly states that negative corpus is not scientific method, and investigators should not use it.

These documents affect all investigators, private- and public-sector. Most fires in the U.S. first are investigated, to some extent, by fire or police departments. The qualifications of public investigators can vary, but all are subject to NFPA standards and guidelines.

Private and insurance personnel typically follow public investigators at fire scenes. The sites often are changed by the public personnel’s examinations. Public investigations thus directly affect the private ones. The insurance community has a strong incentive to encourage professionalism and training for all fire investigators. 


Courts scrutinize credentials

The legal system also has been instrumental in changes in fire investigation. The U.S. Supreme Court case of Daubert v. Merrell-Dow Pharmaceuticals, Inc.3 reaffirmed the importance of methodology a year after the first NFPA 921 was published.

The court held that federal judges would examine even well-qualified scientific experts about whether their specialty was reliable, and whether they reliably followed techniques within that specialty. Later cases extended Daubert to all technical experts. These cases had a strong impact on fire investigation as attorneys began challenging investigators about whether their methodology was reliable, and practiced reliably.

Both NFPA 921 and the Daubert line of cases have influenced the community to more closely examine its work patterns and thought processes, and issue more-reasoned and -supported decisions.

An investigator wishing to justify conclusions from the process of elimination must carefully document all hypotheses considered and ruled out. This forces a more-thorough and comprehensive analysis. Consumers of fire-investigation reports, such as insurers, must be prepared to see more-cautious opinions and conclusions from good fire investigators. Investigators also may be more-reluctant to make conclusive determinations.

This reflects the fire-investigation community’s increasing knowledge about fire causes — and realization that just because we are unaware of something doesn’t mean it didn’t happen.

“The effects of flashover still are being studied.”

Science continues improving our knowledge of fire patterns, and ability to analyze fire behavior and movement. The effects of ventilation — air from windows and doors, for example — are under intense study. Numerous papers and presentations have greatly enhanced our knowledge of this subject in recent years. Major agencies such as NIST and the ATF have done large-scale fire testing and experimenting to further understand ventilation and fire spread.

Electrical effects within conductors also are under study. The effects of flashover still are being examined.

There is a sea change coming on the legal front as well. The National Academy of Sciences published a comprehensive report on the state of forensic sciences in the U.S. in 2009. The document, Strengthening Forensic Science in the United States: A Path Forward,4 questioned many scientific practices used in forensic disciplines. Wrongful convictions could result from faulty and imperfect forensic analysis, the report pointed out. It also criticized the lack of standardized certification and accreditation for forensic practitioners.

The report caused waves in the forensic science community. Fire investigation and science were only briefly mentioned in the report, and not very favorably. The report referred to fire-pattern myths relied upon in fire investigations in the past (unfairly, with these myths long discredited). It stated that experiments were needed to put arson investigations on more- solid ground.

As a result, the U.S. Department of Justice and the National Institute of Standards and Technology jointly founded the National Commission on Forensic Science in 2013. The goal was to recommend national strategies to strengthen the validity and reliability of forensic sciences.

These agencies also formed the Organization of Scientific Area Committees. It examines forensic practices and identifies standards practitioners should follow. The OSAC committees oversee numerous subcommittees on specific areas of forensic practice, including fire and explosion investigation.
Federal labs being credentialed

This process is moving quickly for a government effort. A subcommittee of the National Commission last year recommended accreditation for all forensic science service providers — public and private. U.S. Attorney General Loretta Lynch then directed the Department of Justice to ensure that within five years, all DOJ laboratories will obtain and maintain accreditation. All prosecutors also will use accredited labs to process forensic evidence when practical.5

The impact of the OSAC’s work likely will be dramatic. Likely both NFPA 921 and NFPA 1033 will be included in the committee’s registry of standards and guides. Though OSAC lacks authority to require action, it will increase the scrutiny of fire investigator qualifications. And it will push fire investigators toward certification and accreditation.

The private and insurance sectors are squarely implicated in any changes. The imprimatur of government approval of documents, methodology and accreditation will be difficult to avoid regardless of legal context. Even if the OSAC benchmarks will apply mostly to government investigators, all investigators will be called upon to defend their qualifications and work under those benchmarks.

“The private and insurance investigators are squarely implicated in any changes.”

The Daubert cases also shifted the focus from the fire investigator’s qualifications to their methodology. Ironically, the OSAC phenomenon will somewhat shift the focus back to qualifications. The Attorney General already has acted based on the accreditation recommendations, and more scrutiny of our certifications and accreditation is sure to follow.

Several fire-investigation certifications are available in the U.S. Solid credentials and substantial ongoing training carry much weight in court. Happily, most practitioners regularly obtain continuing education and training, improve their techniques and documentation, and gain credentials such as certifications.

The nature of the credentials takes on greater importance. Since 1986, the International Association of Arson Investigators has offered its Certified Fire Investigator (IAAI-CFI®) credential to experienced investigators who meet rigorous requirements.

The IAAI-CFI® is accredited by the National Board on Fire Service Professional Qualifications (commonly called “Pro Board.”). The IAAI-CFI® also received accreditation by the Forensic Specialties Accreditation Board in 2014. It creates a mechanism for the forensic community to assess, recognize and monitor organizations, or boards that certify individual forensic scientists or other forensic specialists. No other internationally available fire-investigator certification has either Pro Board or FSAB accreditation.

The Pro Board has a long history in the U.S. fire service. The FSAB’s accreditation also appeals to fire investigators who must defend their work. It shows approval by an entity that is oriented to forensic science. And insurer fire investigators can take equal advantage of the prestige that accreditation affords public-safety organizations. Investigators also can rely on accreditation to prove in court that they have a certification that was independently evaluated under national consensus standards.

Insurers who want to stay ahead of arson trends must evaluate the firms and individuals they contract with for fire investigations — their certifications and designations, and their reports and other work products. Some insurers and private firms require contract investigators to have the IAAI-CFI®. Many rely on contract experts to examine their investigators’ work product and qualifications. Simply put, the vetting and retaining of qualified experts must begin long before the loss is reported to the adjuster.
Investigations must be defensible

Our knowledge of fire science and fire behavior has expanded greatly in recent decades. Public safety, insurers and justice all benefit. Just as important is the dramatic increase in attention to methodology in examining fires and explosions to determine origin and cause. The courts have helped accelerate this increase, and will play an important role in changes that will happen as government and the private sector strengthen forensic sciences.

Arson clearly remains a major problem in the U.S. The best way to stop this threat, and convict the guilty, is to ensure the best possible investigations. The insurance industry will be deeply affected by changes in the fire- investigation community. The changes will affect the public sector, whose work underlies most scene investigations, and the private sector. Their work must be reliable and defensible to properly adjudicate property claims, bad-faith allegations and subrogation interests.

Alix Antoine, 37, of the Asbury Park Police Department, was charged in a four-count indictment with second degree official misconduct, conspiracy to commit official misconduct, insurance fraud and third degree tampering with public records.


Asbury Park cop, sister indicted on insurance fraud scheme
By Toniann Antonelli June 27, 2016 10:49 PM


A suspended Asbury Park police officer and his sister were indicted by a grand jury Monday in connection with an insurance fraud scheme, authorities said.
According to the Monmouth County Prosecutor’s Office, Alix Antoine, 37, a suspended 12-year veteran of the Asbury Park Police Department, was charged in a four-count indictment with second degree official misconduct, conspiracy to commit official misconduct, insurance fraud and third degree tampering with public records.

In addition, police say the suspended officer’s sister, 43-year-old Patricia Louis, a.k.a. Patricia Antoine of Clifton, was charged with second degree conspiracy to commit official misconduct and insurance fraud.

Authorities say Antoine filed false documents enabling his sister to obtain medical benefits for which she was not entitled. The papers were filed while the officer was still an active member of the Asbury Park Police Department.

According to police, the suspended officer could face a mandatory five-year state prison sentence if he’s convicted of officials misconduct, along with a maximum sentence of 10 years in prison, with a statutorily mandated five-year period of parole ineligibility. In addition, police say Antoine would also be on parole for three years following his release.

Both Antoine and his sister could also face up to 10 years in prison each, on each count, if they’re convicted of the second degree offenses three to five years in prison if convicted on the third degree offenses, authorities said.

The suspended officer was ordered to surrender his passport and firearms and was released from custody on $150,000 bail. His sister was also required to surrender her passport and was released on her own recognizance, authorities said.