Wednesday, November 28, 2007

Lawyer Bad Judgment - by Surfer Dude

The Red Cross Executive Dude may have exercised bad judgment. But it was nothing like alleged stupidity of a North Carolina lawyer. I picked up this scoop while visiting Wrightsville Beach. Great place for inventing air planes but not too impressive for boarding. So being bored with the boarding, I thought I would share beach legend with Legal Pub.

Supposedly a Charlotte, North Carolina lawyer purchased a box of rare and expensive cigars, The lawyer then insured the cigars against loss from water damage and fire. Within a month he smoked all of the cigars and then filed a claim against the insurance company. In his claim, the lawyer stated the cigars were destroyed 'in a series of small fires.' Intuitively, the insurance company refused to pay because the man had consumed the cigars in the normal fashion. The lawyer sued and won!
Even though the judge ruled for the attorney, he stated that but for the ambiguous language in the policy, the claim would be frivolous. However, because the lawyer held a policy which warranted that the cigars were insurable in the event they were destroyed by fire (and what is considered to be unacceptable fire' was not defined) the insurer was obligated to pay the claim.

Rather than appeal, the insurance company paid $15,000 to the lawyer for his loss.
But the story supposedly does not end their. After the lawyer cashed the check, the police arrest him on 24 counts of arson!The lawyers own testimony from the previous case was used by the prosecution to convict the lawyer of intentionally burning his insured property. Supposedly the lawyer was sentenced to 24 months in jail and a $24,000 fine.

Now Snoops will say the story is not true, but it certainly provided great entertainment on an otherwise dull day at the beach.

Surfer Dude

10 comments:

Legal Pub said...

Surfer Dude, I published your story. While funny, and even clever, it is an urban myth that is not true.

Any lawyer should be smart enough not to pull such a stunt. Furthermore insurance policies typically exclude intentional destruction of the insured property by an insured.

Nevertheless, I can imagine the story had to be more interesting then counting broken sea shells on the beach.

Blond Bombshell said...

I for one love your stories Surfer Dude. I can just imagine you and your buds sitting around the beach drinking beer, smoking funny smelling cigarettes and telling this tale about the imprisoned lawyer. Thanks for sharing.

Shell

Anonymous said...

This would be a neat trick if it really worked.

Insured

Anonymous said...

Too anti lawyer surfer dude!

Ms. Calabaza said...

Great one. I want your life.

Anonymous said...

You rock surfer dude! Legal Pub is great because of writers like you. You are "da bomb!"


Jill

Anonymous said...

YOu are so funny!

Anonymous said...

No lawyer is this stupid, Surfer Dude. A lawyer would have double insured the cigars and the premises and filed a concurrent claim for smoke damage to the furnishings.

jester said...

You simply can no longer say bad things about a lawyer. Why just the other day I was walking on the beach and I came across children who had buried their dad up to his neck in sand.

I asked them what they were doing and they said they were burying their lawyer/dad in the sand.

I responded, what you don't have enough sand?

Jester

~Jay said...

A big city lawyer went duck hunting. He shot and dropped a bird, but it fell into a farmer's field on the other side of a fence.

As the lawyer climbed over the fence, an elderly farmer drove up on his tractor and asked the lawyer what he was doing.

The lawyer responded, "I shot a duck and it fell into this field, and now I'm going to retrieve it."

The old farmer replied. "This is my property, and your not coming over here."

The indignant lawyer replied. "I'm one of the best trial lawyers around, and if you don't let me get that duck, I'll sue you and take everything that you own.

The old farmer smiled and said, "Apparently, you don't know how we do things in these parts. We settle small disagreements like this, with the Three Kick Rule."

The lawyer asked, "What is the Three Kick Rule?"

The farmer replied, "Well, first I kick you three times and then you kick me three times, and so on, back and forth until someone gives up."

The lawyer quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom.

The old farmer slowly gets down from the tractor and walked up to the city fella. His first kick planted the toe of his heavy work boot into the lawyer's groin, which dropped him to his knees.

His second kick nearly ripped the nose off his face.

The lawyer was flat on his belly, when the farmer's third kick to a kidney nearly causing him to give up, but didn't.

The lawyer summoned every bit of his will and managed to get to his feet and said, "Okay, now it's my turn."

The old farmer smiled and said,

"Naw, I give up, You can keep the duck!"