What Every Mississippi Property Owner Should Know After a Fire Loss
Mississippi homeowners and business owners face a wide range of risks when it comes to fire damage. Fires caused by faulty wiring, kitchen accidents, arson, or even natural disasters like wildfires can result in devastating losses. But after the flames are extinguished, many policyholders are left with another uphill battle: the claims process. One of the most common questions we hear at Barrett Law, PLLC is whether the cause of the fire—such as an accidental kitchen fire versus an electrical fault—can affect the outcome of the insurance claim.
The short answer is yes—it can. Insurance companies often scrutinize the origin of the fire to find ways to deny, delay, or underpay claims. When bad faith tactics are involved, property owners may even be accused of causing the fire themselves. That’s where experienced legal representation becomes critical.
I’m Jonathan Barrett, and I’ve spent decades fighting for Mississippi families and businesses after serious fire losses. At Barrett Law, PLLC, we represent homeowners and commercial property owners statewide whose insurance claims have been unfairly denied or mishandled. In this article, we’ll cover how the type of fire affects your claim, your legal rights under Mississippi law, and how we hold insurers accountable when they break the rules.
How Fire Origin Influences Your Insurance Claim
Common Fire Types and Claim Implications
In Mississippi, most property insurance policies cover fire damage—but the type and origin of the fire can directly influence how the claim is treated. Here’s how:
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Accidental Fires – These include kitchen mishaps, unattended candles, or heater malfunctions. Most are covered, but insurers may allege negligence or “preventable causes” to reduce your payout.
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Electrical Fires – Fires caused by outdated wiring or overloaded circuits are typically covered. However, insurers may investigate whether the property owner failed to maintain the electrical system, raising possible contributory negligence.
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Wildfires – While less common in Mississippi than in the West, wildfires due to drought or extreme heat have increased. Some policies have special exclusions or limits for wildfires, especially under surplus lines or older policies.
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Arson or Suspicious Fires – These cases are heavily investigated. Unfortunately, insurers often try to shift blame onto the policyholder as a way to avoid payment. This is where bad faith disputes often begin.
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Mechanical or Appliance Fires – Fires caused by defective HVAC units, dryers, or other appliances may open the door to third-party liability claims as well.
Understanding the fire’s cause—and how your insurer interprets it—can make or break your claim.
Signs of Insurance Bad Faith After a Fire Claim
Bad faith occurs when an insurance company fails to honor its legal obligations under your policy. Unfortunately, insurers often use denial tactics based on the type of fire. Some common examples include:
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Alleging you caused the fire intentionally or through gross negligence.
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Delaying the investigation to wear you down financially.
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Claiming the fire was excluded due to “acts of God” or ambiguous policy language.
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Hiring biased “cause and origin” investigators who produce favorable reports for the insurer.
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Ignoring or undervaluing the cost of rebuilding or replacing lost contents.
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Offering a lowball settlement far below actual damages.
If you suspect your claim is being mishandled, you have legal recourse under Mississippi law.
Who Is Affected and Why This Issue Matters
Mississippi Property Owners and Business Operators
Fire claims don’t just affect homeowners. Business owners who lose inventory, equipment, or structures also face serious financial strain. In commercial claims, the cause of the fire can complicate recovery even further—especially if insurers try to argue that poor business maintenance or unsafe work conditions contributed to the loss.
Here’s who we frequently assist:
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Homeowners with total or partial losses, especially where cause of fire is disputed.
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Landlords whose rental properties suffer damage from tenant-caused or electrical fires.
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Small business owners with business interruption, lost revenue, and building repair needs.
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Farmers and rural property owners facing risks of grass fires or remote structure loss.
Our firm handles all types of property and business interruption claims across the state, from residential dwellings to industrial buildings.
Legal Protections and Statutes in Mississippi
Your Rights Under Mississippi Law
In Mississippi, insurance policies are legally binding contracts. If your insurer acts in bad faith, you may have grounds to pursue not only the value of the claim—but additional damages as well.
Relevant statutes and legal principles include:
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Mississippi Unfair Claims Settlement Practices Act (Miss. Code § 83-5-301 et seq.)
This law prohibits insurance companies from delaying or denying claims without proper investigation, misrepresenting policy provisions, or failing to affirm or deny coverage within a reasonable time. -
Common Law Bad Faith
Mississippi courts recognize a policyholder’s right to sue for punitive damages when an insurer willfully denies or mishandles a legitimate claim. -
Breach of Contract Claims
If your insurance company fails to pay what is owed under the terms of your policy, you can file a civil lawsuit seeking full compensation, interest, and legal fees.
At Barrett Law, PLLC, we build strong cases by combining contract law with evidence of misconduct—especially when insurers try to shift the blame onto our clients.
Practical Advice: What to Do if You’re Being Blamed for the Fire
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Do not provide a written statement to the insurer without legal counsel.
Anything you say may be used to build a denial case against you. Insurers often twist timelines or statements to suggest fault. -
Request a copy of the “Cause and Origin” Report.
You have the right to know what the insurance company’s investigators have concluded about the fire’s source. -
Get your own independent fire investigator.
Many insurers hire biased experts who report what the company wants to hear. We can help you retain a certified fire expert who will provide an objective analysis. -
Document all communication.
Keep a log of calls, emails, and letters. If your adjuster is delaying or avoiding updates, that may support a bad faith claim. -
Call Barrett Law, PLLC.
We know how to respond to insurer blame tactics and how to fight back if your claim is wrongfully denied or underpaid.
Mississippi Fire Insurance Claim Frequently Asked Questions (FAQs)
What should I do if my insurer claims I caused the fire?
You should immediately contact a fire insurance claim attorney. Insurers sometimes make this accusation to avoid payment. A lawyer can help you challenge the allegation with evidence and expert testimony.
How can I prove the fire was accidental?
Independent fire investigators can often confirm the true cause of the fire. Your attorney can work with professionals who are not biased in favor of the insurance company.
Does the type of fire really affect my claim?
Yes. Insurers treat electrical fires, accidental fires, and wildfires differently. Some policies have exclusions or special provisions depending on the fire’s origin.
Can I be denied coverage if the insurer says I was negligent?
Negligence might be raised, but it doesn’t automatically void your claim. Policies typically cover accidental fires, even if minor negligence contributed. Legal representation is key to pushing back against unfair denials.
What are signs of bad faith in fire insurance claims?
Signs include delays without explanation, repeated requests for the same documents, refusal to provide reports, low settlement offers, and failure to investigate properly.
What damages can I recover in a bad faith lawsuit?
You may recover the value of your claim, interest, attorney’s fees, and in some cases, punitive damages if the insurer acted with malice or gross misconduct.
What if the fire was caused by a tenant or third party?
You may still be able to file a claim under your policy. In addition, your attorney can help you explore third-party liability claims against the person responsible for the fire.
How long do I have to file a lawsuit?
Under Mississippi law, the statute of limitations for breach of contract and bad faith claims is typically three years. However, policy deadlines and notice requirements may be much shorter.
Will filing a lawsuit affect my future insurance coverage?
Not necessarily. You have the right to enforce your policy. Many companies respect policyholders who stand up for their rights—especially with legal help.
Can Barrett Law handle cases outside Jackson?
Yes. We represent fire insurance claimants statewide, including throughout the Mississippi Gulf Coast, Central Mississippi, and Northern counties.
Have You or Your Business Suffered Fire Losses and Damages in Mississippi?
Call Mississippi Fire Insurance Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If your insurance company is blaming you for a fire, delaying payment, or denying your rightful claim, don’t fight them alone. Jonathan Barrett and Barrett Law, PLLC help Mississippi homeowners and business owners recover the full compensation they deserve. Whether your fire was electrical, accidental, or wildfire-related, we know how to uncover the truth and hold insurers accountable.
We represent clients all across the state, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
Jonathan Barrett Fights for Mississippians – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation
Barrett Law, PLLC has decades of experience helping policyholders recover for bad faith fire insurance claim denials and underpayments. If you’ve been mistreated by your insurer or are concerned about how your claim is being handled, call us today. We’re here to protect your rights and get your life—and your property—rebuilt.
