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OT: Need lawyer/insurance advice

joeparules

Well-Known Member
Nov 17, 2003
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I'll try to keep this short. A year and a half ago my wife started her own professional organization business (I never knew this was a business). She just got notified that a house she worked on had a fire that started in a room that she organized six weeks earlier and they are going after her insurance company (she has liability insurance). We haven't seen the inspection report, but were told it was an electrical issue that started the fire. No one was hurt, but it was bad enough the family is not currently living in the house.

The limited details of the story is my wife moved a bed from one wall to another to give the room more space. It was moved close to (about 3-4 inches) from an electrical outlet that had a six-way adapter on it and an extension cord plugged into the adapter. The report claims the fire was caused by arcing with the bed and the outlet and/or the extension cord being pinched by the bed.

My thoughts are this is their insurance company looking for a scapegoat based on the fact the fire didn't start until six weeks after the bed was moved. I would like to hear from any lawyers and/or insurance agents on what is most likely to happen in this case? Will my wife's insurance company simply pay the other insurance company? If not, who will get sued in this case ... my wife or her insurance company? Her company is an LLC and since she only started recently has only about $2K in her business account. Is there any way they can come after our assets?

She is completely falling apart over this and we are both very worried about what can happen. Thanks in advance for any advice/opinions!
 
Wow, Sandinista asked for real estate agent advice and got five replies in the first half hour. Are there more of those on this board than lawyers/insurance agents or do the latter just expect to get paid for their advice? :(
 
Joepa, she doesn't have anything to worry about. They are going after her insurance company, not her personally. I have been in the insurance business for 25 years and this is my humble opinion. Her insurance company will fight it. They do not want to pay a large claim if they are not liable. If it goes further and there is a lawsuit, the her insurance company will provide an attorney for free. But like I said, I don't think you have anything to worry about.
 
Thanks richie! I'm afraid she is going to give herself a heart attack over this issue.
 
I'll try to keep this short. A year and a half ago my wife started her own professional organization business (I never knew this was a business). She just got notified that a house she worked on had a fire that started in a room that she organized six weeks earlier and they are going after her insurance company (she has liability insurance). We haven't seen the inspection report, but were told it was an electrical issue that started the fire. No one was hurt, but it was bad enough the family is not currently living in the house.

The limited details of the story is my wife moved a bed from one wall to another to give the room more space. It was moved close to (about 3-4 inches) from an electrical outlet that had a six-way adapter on it and an extension cord plugged into the adapter. The report claims the fire was caused by arcing with the bed and the outlet and/or the extension cord being pinched by the bed.

My thoughts are this is their insurance company looking for a scapegoat based on the fact the fire didn't start until six weeks after the bed was moved. I would like to hear from any lawyers and/or insurance agents on what is most likely to happen in this case? Will my wife's insurance company simply pay the other insurance company? If not, who will get sued in this case ... my wife or her insurance company? Her company is an LLC and since she only started recently has only about $2K in her business account. Is there any way they can come after our assets?

She is completely falling apart over this and we are both very worried about what can happen. Thanks in advance for any advice/opinions!


I agree with richie...this will be handled by the insurance company lawyers, and this will not be their first rodeo.

Tell your wife to be at ease and stop worrying. Tell her that this is a good learning expererience: She now knows to be concerned about electrical issues, and she can educate herself on that. She now knows that she has to be aware of other issues, and she needs to start making a list of what those might be....for instance water leakage, window locations/breakage, other fire and safety hazards. She can do this, because she already has an affinity for organization.
 
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Your wife needs to call her insurance company if she hasn't already.
That alone will probably put her mind at ease.
 
Wow, Sandinista asked for real estate agent advice and got five replies in the first half hour. Are there more of those on this board than lawyers/insurance agents or do the latter just expect to get paid for their advice? :(
I am a lawyer but your problem is not in my area of expertise. However, even if it was, I would not attempt to give an opinion or provide advice unless you came to my office and we established an attorney/client relationship. Absent that, any answer given here would open me up to possible liability in the event my answer was incorrect (based upon limited information), or was misinterpreted by you or your wife. I have never been sued, but other lawyers have, based upon off the cuff opinions they gave at a social events. It simply is not worth the risk. It is possible a lawyer may answer your question, but if you don't get one, liability risk may well be the reason.
 
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I'll try to keep this short. A year and a half ago my wife started her own professional organization business (I never knew this was a business). She just got notified that a house she worked on had a fire that started in a room that she organized six weeks earlier and they are going after her insurance company (she has liability insurance). We haven't seen the inspection report, but were told it was an electrical issue that started the fire. No one was hurt, but it was bad enough the family is not currently living in the house.

The limited details of the story is my wife moved a bed from one wall to another to give the room more space. It was moved close to (about 3-4 inches) from an electrical outlet that had a six-way adapter on it and an extension cord plugged into the adapter. The report claims the fire was caused by arcing with the bed and the outlet and/or the extension cord being pinched by the bed.

My thoughts are this is their insurance company looking for a scapegoat based on the fact the fire didn't start until six weeks after the bed was moved. I would like to hear from any lawyers and/or insurance agents on what is most likely to happen in this case? Will my wife's insurance company simply pay the other insurance company? If not, who will get sued in this case ... my wife or her insurance company? Her company is an LLC and since she only started recently has only about $2K in her business account. Is there any way they can come after our assets?

She is completely falling apart over this and we are both very worried about what can happen. Thanks in advance for any advice/opinions!

I have always wanted to own a T-shirt that says, "THIS IS WHY WE HAVE INSURANCE.":) Check the policy to see how much liability insurance she has. Worst case, if she left a pile of oily rags with a bare wire sticking into it that burned the house down, she probably has more insurance than the whole house is worth, anyway. In the case you describe, it seems kind of iffy to claim that she took on the duties of a home safety inspector along with clutter reduction services. And, the house is damaged but not totaled. So long as you have enough insurance to pay all the damages, it is their problem, not yours.

Now, if a suit is filed, that suit will name your wife's company BUT HER INSURANCE COMAPANY HAS TO PAY HER LAWYER, AND PAY ALL THE DAMAGES. This is scary but she did the responsible thing and bought insurance. Now you should insist on getting what you pay for.

I guarantee you both have bigger problems than this just in your everyday life, right now. BTW, I agree with Fairgambit, and I am telling you we do not have any kind of Attorney/client relationship. See a lawyer to back up my offhand take on your situation.
 
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If there is a lawsuit, your wife's LLC will be sued and not her insurance company.

Her LLC should notify its insurance carrier immediately.

She should retain all documents relevant to the case.

She should not be personally exposed because of being insured and because of the LLC, if in fact it was the LLC that was hired and paid to do the work. Going after her personally is called piercing the corporate veil. Google that term for PA (or whatever state) and you can get some understanding about personal exposure.

I've personally never heard of a bed and an outlet "arcing". That sounds like a stretch to me. But I wasn't an EE major.

If you want to be proactive: notify the LLC carrier; and consult with a private attorney immediately - to review the insurances, ensure that coverage is provided, obtain reports, and perhaps send a preservation letter to the parties.
 
This is precisely the reason for an LLC, to protect against personal liability. No need to worry. Heck, its right in the name: LIMITED LIABILITY Company!
 
I'll try to keep this short. A year and a half ago my wife started her own professional organization business (I never knew this was a business). She just got notified that a house she worked on had a fire that started in a room that she organized six weeks earlier and they are going after her insurance company (she has liability insurance). We haven't seen the inspection report, but were told it was an electrical issue that started the fire. No one was hurt, but it was bad enough the family is not currently living in the house.

The limited details of the story is my wife moved a bed from one wall to another to give the room more space. It was moved close to (about 3-4 inches) from an electrical outlet that had a six-way adapter on it and an extension cord plugged into the adapter. The report claims the fire was caused by arcing with the bed and the outlet and/or the extension cord being pinched by the bed.

My thoughts are this is their insurance company looking for a scapegoat based on the fact the fire didn't start until six weeks after the bed was moved. I would like to hear from any lawyers and/or insurance agents on what is most likely to happen in this case? Will my wife's insurance company simply pay the other insurance company? If not, who will get sued in this case ... my wife or her insurance company? Her company is an LLC and since she only started recently has only about $2K in her business account. Is there any way they can come after our assets?

She is completely falling apart over this and we are both very worried about what can happen. Thanks in advance for any advice/opinions!

get a lawyer; fast!
 
Joepa, she doesn't have anything to worry about. They are going after her insurance company, not her personally. I have been in the insurance business for 25 years and this is my humble opinion. Her insurance company will fight it. They do not want to pay a large claim if they are not liable. If it goes further and there is a lawsuit, the her insurance company will provide an attorney for free. But like I said, I don't think you have anything to worry about.
Joepa, richie83 is right.

The only issue (now or in the future) is if her insurance agent provided minimal liability limits in order to make the price look good (i.e. cheap) and those limits are not enough to cover the alleged damages in this or any other claim which occurs in the policy year. Do you know what her limits are?
 
Thanks for all of the feedback. It has helped to reduce my blood pressure and will help calm my wife down. I have no idea what her limits are and I haven't talked to her since she spoke to her agent. I will know more after I get home from work and we have time to talk.

I will try to post an update when I have more information. Thanks again!
 
No - she doesn't need to hire a lawyer. Her insurance company will provide a lawyer to defend her if necessary. That is what her premiums pay for and her policy provides.
Well, Curley and Schultz thought they had an attorney too ....
she should talk to her own attorney!
 
joeparules: A few comments from another attorney:

1. The comments from others re insurance are generally on the money. Liability insurance pays for the cost of hiring a lawyer to defend you (if you are sued). A big segment of the attorney population does nothing but defend cases like this one. They are called "insurance defense" lawyers. A liability policy also pays for the resulting damages award or settlement. But only up to the stated maximum coverage amount of your policy. I didn't see anyone mention that.

2. A dispute like this is typically resolved without litigation (i.e., during the "claims" process). This essentially means some haggling between your wife's liability carrier and her client's homeowner's carrier as to whose policy is primary (first in line to pay off), and whose policy is secondary or contributory. No surprise that the client and his/her insurer is asserting a claim against your wife. One of the first things claims adjusters and lawyers do is look around to see what, if any, insurance policies are potentially available to pay or reimburse damages. There will be some haggling between claims adjusters, and possibly some haggling between each insurer's insurance coverage lawyer regarding both the scope of coverage and the extent of your wife's legal duty to her client. (I think demlion is correct in noting that your wife probably did not take on the duties of home safety inspector as part of her clutter reduction services.)

3. In the event this goes to litigation, the complaint is likely to name both your wife's LLC and your wife personally. Complaints name everyone under the sun. That's how it works in litigation. You shouldn't allow that to freak her, or you, out. Being named in a complaint is a far cry from being on the losing end of a judgment. But the mere existence of an LLC is not enough, as some posters here have suggested. In order to enjoy the limited personal liability afforded by an LLC, your wife must actually transact business in the name of her LLC. Did your wife have a written contract with this client? Did that contract list the client and your wife's LLC as the contracting parties, or did it list the client and your wife individually? Did any invoices submitted by your wife reflect the name of he LLC rather than her individual name? Were client checks made payable to her LLC rather than her individually? Are her LLC's filings with the State of Pennsylvania up to date? Observing "corporate/LLC formalities" of that nature are essential to preventing potential plaintiffs from "piercing the corporate/LLC veil" and going after her personal assets, something MoyerJones noted above.

Good luck to you. .
 
I am a lawyer but your problem is not in my area of expertise. However, even if it was, I would not attempt to give an opinion or provide advice unless you came to my office and we established an attorney/client relationship. Absent that, any answer given here would open me up to possible liability in the event my answer was incorrect (based upon limited information), or was misinterpreted by you or your wife. I have never been sued, but other lawyers have, based upon off the cuff opinions they gave at a social events. It simply is not worth the risk. It is possible a lawyer may answer your question, but if you don't get one, liability risk may well be the reason.

LOL, Gambit. That answer < no answer at all.

Perhaps it is different in Pennsylvania, but in California, legal advice given gratis is, with few exceptions, clearly not a basis for a legal malptractice action. If I was acting pro bono as part of an established volunteer legal services program, than yeah, my giving faulty legal advice would potentially be actionable. But not in the context of answering a question at a cocktail party, or over an internet bulletin board. The saying here in California is that the advice is worth what you pay for it; bupkis..
 
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Well, Curley and Schultz thought they had an attorney too ....
she should talk to her own attorney!

Ridiculous comparison - OP's issue is a routine, run of the mill, normal property damage claim that is handled by insurance carriers every day - her claims adjuster probably has a case load of more than 100 of these. This claim is "no big deal" and will eventually be settled between the two carriers one way or another.

C&S are faced with possible criminal charges and jail time. Not even remotely close to a routine property damage claim.

The only time she would really need to consider spending additional money to hire an attorney would be if her insurance carrier denies her claim due to a coverage issue and the other carrier continues to pursue against her personally. Otherwise, let the insurance company handle the claim. She should keep in touch with her carrier's claims adjuster to be kept up to date on developments because there is a good chance they wont even bother to "keep her in the loop", but no need to hire an attorney.

I know what I am talking about - I spent 30+ years with a fortune 100 property and casualty insurance company dealing with these types of issues.
 
LOL, Gambit. That answer < no answer at all.
Perhaps it is different in Pennsylvania, but in California, legal advice given gratis is, with few exceptions, clearly not a basis for a legal malptractice action. If I was acting pro bono as part of an established volunteer legal services program, than yeah, my giving faulty legal advice would potentially be actionable. But not in the context of answering a question at a cocktail part, or over an internet bulletin board. LOL at the very notion.
I should move to California. I have been at more than one PA CLE seminar in which this issue has been brought up and the standing answer was that the lawyer risks liability. I cannot recall all the details, but one case involved a lawyer at a party who was asked about the statute of limitations in an area of law he was unfamiliar with (may have been municipal liability). Anyway, he gave an answer, it was wrong, and he was successfully sued. Perhaps I am overly cautious, but I never give casual legal advice.
 
joeparules: A few comments from another attorney:

1. The comments from others re insurance are generally on the money. Liability insurance pays for the cost of hiring a lawyer to defend you (if you are sued). A big segment of the attorney population does nothing but defend cases like this one. They are called "insurance defense" lawyers. A liability policy also pays for the resulting damages award or settlement. But only up to the stated maximum coverage amount of your policy. I didn't see anyone mention that.

2. A dispute like this is typically resolved without litigation (i.e., during the "claims" process). This essentially means some haggling between your wife's liability carrier and her client's homeowner's carrier as to whose policy is primary (first in line to pay off), and whose policy is secondary or contributory. No surprise that the client and his/her insurer is asserting a claim against your wife. One of the first things claims adjusters and lawyers do is look around to see what, if any, insurance policies are potentially available to pay or reimburse damages. There will be some haggling between claims adjusters, and possibly some haggling between each insurer's insurance coverage lawyer regarding both the scope of coverage and the extent of your wife's legal duty to her client. (I think demlion is correct in noting that your wife probably did not take on the duties of home safety inspector as part of her clutter reduction services.)

3. In the event this goes to litigation, the complaint is likely to name both your wife's LLC and your wife personally. Complaints name everyone under the sun. That's how it works in litigation. You shouldn't allow that to freak her, or you, out. Being named in a complaint is a far cry from being on the losing end of a judgment. But the mere existence of an LLC is not enough, as some posters here have suggested. In order to enjoy the limited personal liability afforded by an LLC, your wife must actually transact business in the name of her LLC. Did your wife have a written contract with this client? Did that contract list the client and your wife's LLC as the contracting parties, or did it list the client and your wife individually? Did any invoices submitted by your wife reflect the name of he LLC rather than her individual name? Were client checks made payable to her LLC rather than her individually? Are her LLC's filings with the State of Pennsylvania up to date? Observing "corporate/LLC formalities" of that nature are essential to preventing potential plaintiffs from "piercing the corporate/LLC veil" and going after her personal assets, something MoyerJones noted above.

Good luck to you. .
You are spot-on with items 1 & 2. However, you are going too far into the weeds with item #3 - no need to scare the op. As long as she was operating in her capacity as an officer, owner, or employee of the company/organization in which the insurance policy was written (and I am sure her insurance carrier will interpret her work in that manner), she will be considered as an insured under the policy language. It won't matter whether or not the contract (if one even exists), invoices, checks, etc. are in her name individually or the name of her LLC. The insurance carrier can't deny coverage on those technicalities.

I have no doubt the two insurance carriers will come to some agreement (her carrier may pay some, all, or none of the claim) and she will have no personal financial exposure in this matter.
 
If there is a lawsuit, your wife's LLC will be sued and not her insurance company.

Her LLC should notify its insurance carrier immediately.

She should retain all documents relevant to the case.

She should not be personally exposed because of being insured and because of the LLC, if in fact it was the LLC that was hired and paid to do the work. Going after her personally is called piercing the corporate veil. Google that term for PA (or whatever state) and you can get some understanding about personal exposure.

I've personally never heard of a bed and an outlet "arcing". That sounds like a stretch to me. But I wasn't an EE major.

If you want to be proactive: notify the LLC carrier; and consult with a private attorney immediately - to review the insurances, ensure that coverage is provided, obtain reports, and perhaps send a preservation letter to the parties.

I have. During a thunder storm in the 80's, my wife and I were baby sitting the sisters kids and our own. Lighting struck in the nearby hillside about 100 yards from the house. I presume it followed an underground route such as a rock fault or ground water to the house.

$hit, it was as dark as hell in the living room due to power failure. All of us were sitting in the living room when the hillside was struck. An electric arc discharged through the air from one outlet to the other on far side of the room--15 feet. I grabbed the five kids, crashed the storm door and threw them into the car. Went back into the house, for fire control if necessary. The outlets were melted and later found out from the electrician that the wires were melted inside the walls. Lucky that nothing flammable was in line of the electrical arc.

Thunder storm during the time of the fire?
 
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You are spot-on with items 1 & 2. However, you are going too far into the weeds with item #3 - no need to scare the op. As long as she was operating in her capacity as an officer, owner, or employee of the company/organization in which the insurance policy was written (and I am sure her insurance carrier will interpret her work in that manner), she will be considered as an insured under the policy language. It won't matter whether or not the contract (if one even exists), invoices, checks, etc. are in her name individually or the name of her LLC. The insurance carrier can't deny coverage on those technicalities.

I have no doubt the two insurance carriers will come to some agreement (her carrier may pay some, all, or none of the claim) and she will have no personal financial exposure in this matter.

PSUBFAN: The availability and adequacy of liability insurance coverage and eligibility for limited liability protection as an LLC owner are two distinct issues. My Paragraph #3 was focused on the latter. Perhaps I did not articulate that clearly enough.

Unless the damages in this particular case are very substantial, my guess is that it will be strictly an insurance claims matter. That is likely the case. But if the damages are very substantial, or insurance coverage is for some unanticipated reason unavailable, then limited personal liability is a really important issue.
 
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No offense, but this is a question for her attorney, not a Penn State message board. If she doesn't have one, she shouldn't be running a business. If she does, all your questions/concerns should be directed to them.
 
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No offense, but this is a question for her attorney, not a Penn State message board. If she doesn't have one, she shouldn't be running a business. If she does, all your questions/concerns should be directed to them.
No offense, but you are simply wrong. The OP asked a question about a legal/insurance issue with respect to which more than a few of us have some expertise. Perhaps the OP and his wife will ultimately decide to hire their own attorney, but the input he got in this thread will allow them to make a more informed decision.
 
I've personally never heard of a bed and an outlet "arcing". That sounds like a stretch to me. But I wasn't an EE major.
I doubt the outlet or cord arced with the bed, unless it was metal. They're probably talking about an arc fault electrical fire, which happens often enough that arc fault circuit interrupters (AFCIs) are now code for bedrooms.

I also doubt the initial moving of the bed was the sole cause of the fire if 6 weeks passed. There are too many other possible factors and issues that come into this. Around beds is a risky place for outlet strips, cords, etc. - beds move pretty much daily (unless the bed is really heavy) from getting in and out of the bed, changing sheets, kids jumping, sex, etc., homeowners should be aware of that and pay special attention to electrical cords around the bed.

I am not a lawyer and don't know the details, but I'd suspect liability, if any, would be partial.

If your wife's insurance company does their job, and it's an LLC, you should be OK. This is exactly the kind of thing you have insurance for. If the insurance company does a lousy job, let us know so we don't buy insurance from them.
 
joeparules: A few comments from another attorney:

1. The comments from others re insurance are generally on the money. Liability insurance pays for the cost of hiring a lawyer to defend you (if you are sued). A big segment of the attorney population does nothing but defend cases like this one. They are called "insurance defense" lawyers. A liability policy also pays for the resulting damages award or settlement. But only up to the stated maximum coverage amount of your policy. I didn't see anyone mention that.

2. A dispute like this is typically resolved without litigation (i.e., during the "claims" process). This essentially means some haggling between your wife's liability carrier and her client's homeowner's carrier as to whose policy is primary (first in line to pay off), and whose policy is secondary or contributory. No surprise that the client and his/her insurer is asserting a claim against your wife. One of the first things claims adjusters and lawyers do is look around to see what, if any, insurance policies are potentially available to pay or reimburse damages. There will be some haggling between claims adjusters, and possibly some haggling between each insurer's insurance coverage lawyer regarding both the scope of coverage and the extent of your wife's legal duty to her client. (I think demlion is correct in noting that your wife probably did not take on the duties of home safety inspector as part of her clutter reduction services.)

3. In the event this goes to litigation, the complaint is likely to name both your wife's LLC and your wife personally. Complaints name everyone under the sun. That's how it works in litigation. You shouldn't allow that to freak her, or you, out. Being named in a complaint is a far cry from being on the losing end of a judgment. But the mere existence of an LLC is not enough, as some posters here have suggested. In order to enjoy the limited personal liability afforded by an LLC, your wife must actually transact business in the name of her LLC. Did your wife have a written contract with this client? Did that contract list the client and your wife's LLC as the contracting parties, or did it list the client and your wife individually? Did any invoices submitted by your wife reflect the name of he LLC rather than her individual name? Were client checks made payable to her LLC rather than her individually? Are her LLC's filings with the State of Pennsylvania up to date? Observing "corporate/LLC formalities" of that nature are essential to preventing potential plaintiffs from "piercing the corporate/LLC veil" and going after her personal assets, something MoyerJones noted above.

Good luck to you. .
To the best of my knowledge ...

Did your wife have a written contract with this client? Yes
Did that contract list the client and your wife's LLC as the contracting parties, or did it list the client and your wife individually? The LLC
Did any invoices submitted by your wife reflect the name of he LLC rather than her individual name? The LLC
Were client checks made payable to her LLC rather than her individually? The LLC
Are her LLC's filings with the State of Pennsylvania up to date? Not sure, but she has only had it about 18 months

I do greatly appreciate the replies as they have put us much more at ease. She meets with the insurance people in about an hour. We will know a lot more after that.
 
No offense, but you are simply wrong. The OP asked a question about a legal/insurance issue with respect to which more than a few of us have some expertise. Perhaps the OP and his wife will ultimately decide to hire their own attorney, but the input he got in this thread will allow them to make a more informed decision.

Thanks again Lafayette ... you are spot on with this response.
 
I doubt the outlet or cord arced with the bed, unless it was metal. They're probably talking about an arc fault electrical fire, which happens often enough that arc fault circuit interrupters (AFCIs) are now code for bedrooms.

I also doubt the initial moving of the bed was the sole cause of the fire if 6 weeks passed. There are too many other possible factors and issues that come into this. Around beds is a risky place for outlet strips, cords, etc. - beds move pretty much daily (unless the bed is really heavy) from getting in and out of the bed, changing sheets, kids jumping, sex, etc., homeowners should be aware of that and pay special attention to electrical cords around the bed.

I am not a lawyer and don't know the details, but I'd suspect liability, if any, would be partial.

If your wife's insurance company does their job, and it's an LLC, you should be OK. This is exactly the kind of thing you have insurance for. If the insurance company does a lousy job, let us know so we don't buy insurance from them.

pmjoe, I am an engineer (not electrical) and even with the limited information I have find it hard to imagine moving a bed near an outlet caused a fire to start SIX WEEKS after the bed was moved.
 
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