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Only In The Us


ColinBarber
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This is the best lawyer story of the year, decade and probably the century.

A Charlotte,NC lawyer purchased a box of very rare and expensive cigars,then insured them against fire,among other things. Within a month,having smoked his entire stockpile of these great cigars and without yet having made ven his first premium payment on the policy, the lawyer filed 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!

In 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 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 $15,000.00 to the lawyer for his loss of the rare 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 $24,000.00 fine.

This is a true story and was the 1st place winner in the recent Criminal Lawyers Award Contest. ONLY IN AMERICA!!!!!

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The story may or may not be an urban legend (who knows with US law?) but even under English law anyone who takes anoher person's cigar etc and smokes it must necessarily be guilty of arson: max penalty for which is life. Ditto the wife who throws her husband's ciggies on the fire. OK, so that is true in theory rather than in practice, but never mind....

In English law, you can lawfully burn or destroy your own property (over which nobody else has any ownership rights, mortgage or charge), but only as long as you are not reckless whether the life of another may thereby be endangered (in which case it becomes an aggravated offence of arson, triable only in the Crown Court). What then of the known dangers of passive smoking?

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