North Carolina homeowner, insurance firm in dispute over alleged arson

In October 2021, firefighters responded to a home at 111 N. Church Street to find the structure engulfed in flames.

The owner, Sharon Anders, was not home at the time and no injuries were reported.

About a month later, investigators arrested an acquaintance of Anders, Gabriel Paul Ingino, alleging he started the fire that destroyed the two-story home.

Agents with the State Department of Insurance charged the 36-year-old with second degree arson and insurance fraud. Those charges remain pending.

On Oct. 7, Raleigh attorney Robert Jessup, filed a lawsuit on behalf of Anders in Franklin County Civil Superior Court, shedding more light on the matter.

In the lawsuit, Anders claims that North Carolina Farm Bureau Mutual Insurance Company Inc. and Farm Bureau Insurance of North Carolina "breached their agreement in bad faith and have committed unfair and deceptive trade practices" in their decision to cancel her plan and refuse to cover losses.

The initial report, in the hours after the fire, noted that the Louisburg fire marshal concluded the source of the fire was electrical, unintentional and no human factors were detected.

Shortly after, according to the lawsuit, Farm Bureau ordered an independent investigation, which was performed by a company named FORINCON.

That company's report included findings that an accelerant was discovered in the debris, according to documents in the case file.

That finding, coupled with surveillance footage showing a vehicle matching that of Ingino's leaving the house moments before flames could be seen in the living room prompted FORINCON to conclude "the fire was incendiary ..."

Anders had her own independent investigation performed, according to the lawsuit, which did not find evidence that the fire was incendiary.

The lawsuit argues that based solely on FORINCON's report and the surveillance footage, Farm Bureau contacted the State Department of Insurance, which led to the criminal charges against Ingino.

Ingino is next slated to appear in Franklin County Superior Court on Nov. 30.

According to the lawsuit, Anders and Ingino knew each other well enough that Anders allowed him access to the house when she was out of town prior to the fire.

She returned to town on the day of the fire and the two met at a gas station, but left going in separate directions prior to the fire being discovered.

Anders has not been charged with any crime or offense related to the fire and, "at no point did [Anders] conspire to burn the home or have the home burned by [Ingino] or any other person," the civil lawsuit states.

Farm Bureau continued its own investigation and on Feb. 9 of this year, Farm Bureau cancelled Anders' policy, according to the lawsuit.

In August, Farm Bureau denied Anders' insurance claim stating that, essentially, coverage is excluded for "any loss arising out of any act an insured commits or conspires to commit with the intent to cause a loss."

According to the lawsuit, the court of appeals notes that an "insurer must prove that the property was intentionally burned and that the insured participated directly or indirectly in the burning."

Further, the lawsuit argues that "... rather than make any effort to prove its very serious allegations against [Anders] ... [Farm Bureau] elected to summarily deny [her] claim on bare allegations of fraud, concealment and conspiracy.

"At no juncture [has] Farm Bureau presented a scintilla of evidence that [Anders] committed any wrongdoing in connection with the fire.

"By summarily concluding that [Anders] is responsible for the burning of her own home, without any evidence or criminal adjudication to support such claim ... [Farm Bureau] has breached the policy agreement in a manner that is both indicative of bad faith and unfairness to [Anders] and other vulnerable consumers like her."

According to the lawsuit, Anders is owed, per the policy, $774,000 for the dwelling, $361,200 for personal property and $103,200 for loss of use.

The case file did not include any identifying or contact information for Farm Bureau's legal representation.