Bringing together a wealth of experience, the attorneys and staff of Leeuw Oberlies & Campbell provide a wide range of legal services to insurers, businesses, organizations, and individuals with a commitment to quality, service, and results. Our size gives us the agility to respond quickly to client needs and court requirements. The success of our practice is best measured by our clients’ satisfaction. At Leeuw Oberlies & Campbell, we earn our clients’ confidence and develop lasting relationships through our dedication to positive outcomes.

On December 11, 2008, a federal jury returned a verdict in favor of State Farm Fire & Casualty Company on a fire loss claim. Attorneys Jeff Oberlies and Andy Hahn represented State Farm in the case tried before Magistrate Judge Tim Baker in the United States District Court for the Southern District of Indiana, Cause No. 1:06-cv-1584-DFH-TAB.

Plaintiffs Matthew and Sharon Cooper’s home in Attica, Indiana, was destroyed by fire on October 13, 2005. The Coopers filed a claim with their insurer, State Farm. After investigating the origin and cause of the fire, State Farm denied the Coopers’ claim.

The Attica Fire Department investigated the fire with the Indiana State Fire Marshal’s office and concluded the fire was intentionally set. The fire occurred at approximately 1:30 p.m. Mr. Cooper returned home from his third shift job that morning after running some errands, including paying his State Farm insurance premium, and claims he was awakened by the smoke alarm. Mr. Cooper testified that he discovered a small fire the size of a basketball at the base of the stairs and called 911. Rather than attempt to put out the fire, Mr. Cooper stated that he removed a 52-inch television and an antique rocker. Mr. Cooper’s statements to the fire department conflicted with neighbors’ statements concerning how he discovered the fire and who placed the 911 call. Emergency personnel arrived within three minutes of the 911 call and found Mr. Cooper standing outside next to the television and rocker with no indication of smoke or soot on his clothing.

State Farm hired Candace Ashby of KeyFire Investigations to conduct an origin and cause investigation. Ms. Ashby determined that fire patterns indicated that a liquid accelerant was used in the area of origin to cause the fire. Ms. Ashby, a career firefighter, also opined that it would have been impossible for Mr. Cooper to come down the stairs, walk through the living room and kitchen, and remove the television and rocker, as he had testified, without sustaining life-threatening injuries.

Jennifer Barr from State Farm’s Special Investigations Unit investigated the claim, taking statements from both insureds, as well as police and fire personnel, and other witnesses. After a thorough investigation, State Farm concluded that the fire was caused by Mr. Cooper in order to obtain insurance proceeds and that Mr. Cooper had made material misrepresentations in presenting his claim. Following a four-day trial, the jury returned a verdict in favor of State Farm after approximately an hour and 15 minutes of deliberations.

The attorneys of Leeuw Oberlies & Campbell, P.C. are experienced in helping insurance companies in Indiana handle all aspects of claims involving arson and fraud. We provide advice on conducting good faith investigations into these claims, as well as coverage opinions. We also represent insurers in state and federal courts in the defense of their coverage decisions. If you are an insurer facing a questionable claim, we can help.