Law Summary
Prima Facie Evidence Criteria: Concurrence of Circumstances
- Prima facie evidence of arson arises when at least one circumstance from the first group coincides with any circumstance from the second group.
Circumstances Specified in the First Group
- (a) Suspicious origin of fire with specific indicators found within 12 hours of fire occurrence, witnessed by authorities:
- Discovery of rags or jute sacks soaked in gasoline, kerosene, petroleum, or other inflammable substances.
- Presence of mechanical or electrical devices intended to ignite fire.
- (b) Fire outbreak in multiple separate locations within the same premises at approximately the same time.
- (c) Occurrence of more than two fires within three months at the insured premises suggesting incendiary origin.
- (d) Storage of gasoline, petroleum, or highly inflammable materials contrary to policy terms or other insurance agreements.
Circumstances Specified in the Second Group
- (a) Total insurance coverage on the building and contents exceeds 70% of the actual value of the property insured.
- (b) Noticeable withdrawal of a substantial portion of insured effects shortly before the fire, not consistent with normal business operations.
- (c) Fire incident happens within three months from the policy's inception date.
Legal Effect of Prima Facie Evidence
- The concurrence of the above conditions constitutes prima facie evidence of arson, providing a foundational presumption for legal and insurance proceedings.
Effectivity
- The provisions of this Act became effective upon its approval, thereby amending the Insurance Act by introducing the specified clause as mandatory in applicable fire insurance policies.