Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Fordham Urban Law Journal

Journal

1978

Arson

Articles 1 - 2 of 2

Full-Text Articles in Law

Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer Jan 1978

Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer

Fordham Urban Law Journal

This Comment discusses the Fair Access to Insurance Requirements (FAIR) plans implemented in twenty-six states, the District of Columbia, and Puerto Rico pursuant to the Urban Property Insurance Protection and Reinsurance act in an attempt to ameliorate urban deterioration by reducing unfair insurance pratices. These plans provided insurance to property owners denied insurancy in the voluntary market. The Comment outlines the history of FAIR plans, their federally mandated guidelines, and the state's implementation of such requrements, the Holtzman amendment of 1978 (requiring at least one-third of the voting members of the FAIR plan governing boards to be independent representatives of …


Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval Jan 1978

Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval

Fordham Urban Law Journal

This comment discusses prosecutions for arson, and more specifically the lack of successful prosecutions of "arson-for-profit," arson that is motivated by an intent to defraud an insurance company. The comment discusses the difficulties in proving arson under both common law and statutory schemes, and various ways to strengthen prosecution of arson fraud. Ultimately the comment concludes that cost may be the most significant obstacle to effective prosecution of the crime of arson, and the power of reform lies with the budget officers of the agencies and elected public officials.