On 8/24/14 5:52 PM, Hypatia Nachshon wrote:
> BEST LAWYER STORY OF THE YEAR
No, this was a *candidate* for Best Lawyer Story of the Year. The year
was 1997. It came last.
> This actually took place in Charlotte , North Carolina .
This is an urban legend that spread widely enough to be made into a
song. Go here:
http://www.azlyrics.com/lyrics/bradpaisley/thecigarsong.html
> 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,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!
To believe this I'd have to believe that an insurance company would
issue a policy that covered the deliberate destruction of the insured
property. It wouldn't.
> (Stay with me.)
>
> Delivering the ruling, the judge agreed with the insurance company
> that the claim was frivolous. The judge stated nevertheless,
To believe this, I'd have to believe that a judge would rule further
after declaring a suit frivolous. He wouldn't.
> that the
> lawyer held a policy from the company, in 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 that perished in the 'fires'.
To believe this, I'd have to believe that insurance companies don't have
battalions of lawyers on retainer to fight paying claims. They do.
> NOW FOR THE BEST PART...
>
> After the lawyer cashed the check, the insurance company had him
> arrested on 24 counts of ARSON!!!
To believe this, I'd have to believe that it's arson to burn cigars in
North Carolina. It's not. (Arson is restricted to dwellings.)
> 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
To believe this, I'd have to believe that the judge would order the
insurance company to pay a claim when the claimant committed a crime
(intentional burning of personal property with the intent to injure the
insurance company). He wouldn't.
> and was sentenced to 24 months in jail and a $24,000 fine.
To believe this, I'd have to believe that the punishment for conviction
of an H felony in North Carolina is 24 months. It's not.
> This true story won First Place in last year's Criminal Lawyers Award
> contest.
To believe this, I'd have to believe there's such a thing as a Criminal
Lawyers Award. There isn't.