Fire from Cooking, Smoking, and Candles

Step-by-step checklist

Identify

• Contact the claim adjuster right away. Ask them to hold the scene and for permission to retain an expert at the client's expense. Note the call in the file.
• On every claim, ask the client whether they want an origin and cause investigator to review the scene, or confirm one is already assigned. Note their answer in the file so the decision is on record.
• Make sure no evidence is touched or moved until the expert has secured the scene
• Get the client's approval for the scene exam cost. Most run at least $1,600 with travel, the day rate, and expenses.
• Get the fire department report and incident number
• Retain an origin and cause investigator right away
• Find out who was cooking, smoking, or burning the candle

Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.

Notify

• Send notice and an insurance request to the occupant
• Notify their carrier, and the landlord or association if involved
• Send joint scene exam invitations before any debris is removed

Investigate

• Hold the joint scene exam and collect evidence from the area of origin
• Get witness statements, 911 time, video, and smoke alarm info
• Confirm the investigator ruled out other ignition sources
• Check the tenant rule and the lease before pursuing a tenant

Demand

• Review payments and out-of-pocket costs
• Sort the supports into photos, estimates, invoices, and reports
• Send the full demand packet, sticking to the evidence found

Negotiate

• Ask the limits early. Short? Send the limited coverage notice.
• Follow up. No response? Send the second demand.
• If liability is accepted, negotiate. If not, review for ADR.

Settle

• Review the release
• Receive payment, issue the deductible and client payments
• Final file review, then close

1. Identify

Common scenarios

• Unattended cooking, especially grease on the stovetop
• Cigarettes or other smoking materials discarded into mulch, planters, trash cans, or furniture
• Candles left burning near curtains, bedding, or other combustibles
• A fire in one apartment or condo unit spreading to the insured's unit

How fires are classified

Fire investigators following NFPA 921 classify a fire's cause as accidental, natural, incendiary (set on purpose), or undetermined. Many fires end up undetermined. An accidental fire caused by someone's carelessness is your recoverable case.

Responsible parties to consider

• The tenant or occupant who was cooking, smoking, or burning the candle
• A guest of the occupant
• The occupant of a neighboring unit where the fire started
• A landlord or property manager, if a building defect helped the fire start or spread (see the tenant and landlord guide)

The recovery is usually against the person's own liability coverage: a renter's, homeowner's, or condo unit owner's policy.

Be careful with intentional fires

Insurance policies exclude intentional acts. If the fire was set on purpose, the responsible person's insurer will likely deny, and your recovery may depend on the person's own assets or on criminal restitution. When a fire might be seen as intentional but you're pursuing it as accidental, describe only the facts, like "a fire started in the unit's kitchen." Don't label it arson.

2. Notify and investigate

Move fast, before the scene is cleaned up. Retain an origin and cause investigator right away, ideally a certified fire investigator. Put every potential party on notice and send joint scene exam invitations before any debris is removed.

Who to put on notice

• The occupant or tenant, and any guest who was involved
• Their renter's, homeowner's, or condo policy carrier. Use the insurance request letter if you don't know it.
• The landlord or association, when the fire started in a rented or shared building
• Any product manufacturer, if an appliance in the area of origin might be involved. If one is, also use the electrical and product fire guide.

Evidence checklist

• The fire department report and incident number
• Photos and video of the scene before debris removal
• The origin and cause report
• Witness statements: who was home, who was cooking, who smokes, and when the candle was lit
• 911 call time, doorbell and security camera video, and smoke alarm activation
• Physical evidence from the area of origin, such as cigarette butts, ashtrays, candle remains, and cookware, preserved under chain of custody
• Lease or occupancy records showing who lived in the unit

Rule out the alternatives

The other side's expert will look for any ignition source your investigator didn't eliminate. Under NFPA 921, a cause can't be identified until the other possible sources in the area of origin are ruled out. Make sure your investigator documents the outlets, wiring, and appliances near the origin, not just the cigarette or the candle.

3. Demand, negotiate, and settle

Liability theory

Negligence: leaving cooking or a candle unattended, or carelessly discarding smoking materials.

Write the demand around the evidence

When the investigator found evidence but no one admits to the act, keep the demand letter to what was found. For example: "Discarded smoking materials were found at the area of origin." Don't state that the tenant was smoking. The evidence makes the point, and you avoid arguing facts you can't yet prove on paper.

Defenses to expect

Negotiating and settling

• Renter's liability limits are often low. Ask about limits early, and use the limited coverage notice if the damages will exceed them.
• Multi-unit fires often have several claimants sharing one policy limit, which leads to a pro rata split. Put the carrier on notice early.
• Review the release with the release checklist, then close with the standard closing letter and the deductible reimbursement letter.

4. Letters for this loss

Sources

• Home structure fires (NFPA Research)
• Spoliation ruling for failing to follow NFPA 921 (National Law Review)