How Persistence and Forensic Reconstruction Turned a Total Loss into a Viable Claim
the case
A luxury custom home was reduced to cinders. There were no witnesses, no intact structure, and no clear origin point.
The adjuster—experienced and pragmatic—questioned whether the assignment was worth pursuing at all.
“There’s nothing left.”
On its face, he was right.
6 Figure
RECOVERY
The Challenge
This was a case defined by absence:
- No surviving structure
- No direct evidence
- No obvious cause
- No clear path to liability
Most firms would have closed the file early, concluding there was insufficient evidence to justify further investigation.
At Gaul & Associates, P.C., we believe every successful subrogation case begins with a single truth.
Our Approach
At Gaul & Associates, P.C., uncertainty is not a dead end—it’s a signal to slow down and look closer.
Following the Smallest Clue
The only known fact was that a wood stove and chimney system had been used that morning. We treated that single detail as a starting point, not a footnote.
We retained experienced origin-and-cause and chimney system experts. Despite the near‑total destruction, they were able to reconstruct enough of the flue enclosure to take precise measurements of what existed before the fire.
The Insight: Reconstruction from Remains
Those measurements revealed a critical defect.
The flue pipe had been installed dangerously close to a wood‑framed enclosure. Burn patterns at the scene aligned perfectly with that failure mechanism.
Slowly, a picture emerged:
This fire was not mysterious. It was caused by improper construction.
The Defense and the Break
Once we identified the contractor responsible, we filed suit. The response was unequivocal.
The defendant denied any involvement in building the enclosure.
We asked the insured to revisit old records and photographs. That extra step proved decisive. He located images of the home before and after the enclosure was constructed – images that clearly showed the defendant’s work.
Confronted with irrefutable proof, the defendant was forced to amend sworn discovery responses and admit involvement.
The Results
That reversal created immediate credibility problems for the defendant and shifted the litigation dynamics entirely. Through focused discovery, expert testimony, and strategic pressure, the case resolved for a large six figure.
What began as “nothing to see here” became a clear path to recovery.
Get in Touch
Reach out to our team members today to get our process started!