ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Tuesday, October 17, 2006

FW: Fw: Fwd: FWD: Best Lawyer/Insurance Story of the Year...

Don't you love those forwarded, forwarded, forwarded, forwarded emails?  This is why someone invented infinity.  Well, my dear friend's mother (Ada) sent along this one, probably because I'm a lawyer.  The story (of course) proclaims itself to be true, and I paste it here (below) in its entirety -- including original emphasis and self-conscious narration (from an unknown narrator many forwards back?).  Who cares if it is true - the lesson to law students: stay awake in both contracts and criminal law.

Charlotte, North Carolina:

A lawyer purchased a box of very rare and expensive cigars, then insured them against, among other things, fire.  Within a month, having smoked his entire stockpile of these great cigars and without yet having made even his first premium payment on the policy the lawyer filed a claim against the insurance company. In his claim, the lawyer stated the cigars were lost in a series of small fires.

The insurance company refused to pay, citing the obvious reason, that the man had consumed the cigars in the normal fashion. The lawyer sued....and WON!

Now stay with me...

Delivering the ruling, the judge agreed with the insurance company that the claim was frivolous.

The judge stated nevertheless, that the lawyer held a policy from the company, which it had warranted that the cigars were insurable and also guaranteed that it would insure them against fire, without defining what is considered to be "unacceptable fire" and was obligated to pay the claim.

Rather than endure lengthy and costly appeal process, the insurance company accepted the ruling and paid $15,000 to the lawyer for his loss of the cigars lost in the fires.


After the lawyer cashed the check, the insurance company had him arrested on 24 counts of ARSON!!!

With his own insurance claim and testimony from the previous case being used against him, the lawyer was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000 fine.

This is a true story and was the First Place winner in the recent Criminal Lawyers Award Contest.

[Meredith R. Miller]

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