This reminds me of something I read in Golf Magazine (and I also saw this in a few other places).  A lawyer (his name and picture accompanied the article) purchased a dozen Titlest golf balls for approximately $40.00 at the course pro shop using his MC or Visa.  His credit card insured him against defects and loss for a specified period after purchase.  Naturally, he lost every ball during the ensuing round and put in a claim which was paid after threat of suit.  

This and Rosemary's cigar story must have occurred in states that don't "practice" contributory negligence.  

Mike

Michael A. Katz, J.D.
Professor
Delaware State University
1200 N. DuPont Highway
College of Business
Accounting and Finance Department
MBNA America Building
Dover, DE 19901
(302) 857-6918 (office)
(302) 857-6924 (fax)

----- Original Message -----
From: Rosemary Hartigan <[log in to unmask]>
To: [log in to unmask]
Sent: Sunday, February 18, 2007 3:48:15 PM GMT-0500 Auto-Detected
Subject: Urban legend



I figured someone on the listserve may have heard of this one --- urban legend? 
  
Thanks. 
  
Rosemary 
  
  
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! 
  
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". 
  
NOW FOR THE BEST PART. 
  
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. 


  

Rosemary Hartigan, J.D. 
Professor and Director, Business and Executive Programs 
Graduate School of Management and Technology 
University of Maryland University College