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Crimminal Lawyers Award Contest Winner

post #1 of 11
Thread Starter 
>> 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 even 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 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.)

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 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 fine.

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


ONLY IN AMERICA! NO WONDER THIRD WORLD COUNTRIES THINK
WE'RE NUTS.


post #2 of 11
: Well it said so on the internet; it must be true!!!

http://www.snopes.com/crime/clever/cigarson.asp

ONLY IN AMERICA! NO WONDER THIRD WORLD COUNTRIES DON'T
ACCESS THE INTERNET!
post #3 of 11

Interesting but fiction

Do you have a cite for that!!? What bar association is that your referring too? NACDL (National Association of Criminal Defense Lawyers)? They have no such award nor would they support such unethical conduct and ANY lawyer pursuing such actions would be pursued by bar auhorities for whatever state they govern.

From a legal standpoint--the story does not make sense. The actions don't arise to the conclusions stated either civilly or criminally.

Moreover, I've been hearing that one for the past twenty years. it is an urban legend and usually told for the purpose of supporting the argument that this country is overly litigous. "The events related above did not occur in Charlotte, N.C., or anywhere else. This is the latest (and most verbose) retelling of an old urban legend that has roots in humor. In some variations, the cigar-buyer is just an average scammer, in others, he's an accountant. In every version, however, his clever scheme always backfires and he ends up losing more than he won. This tale and others like it give us hope that, in this overly litigious society plagued by frivolous lawsuits and scams, justice does prevail and that clever crimes have equally clever consequences. In short, we want it to be true. Country music star, Brad Paisley obviously picked up on that desire and immortalized this legend in a track on his 2003 album "Mud on the Tires," entitled "The Cigar Song."" While they're is clearly lawsuit abuse it is not as often with hyped claims as the corporate media portrays. Far too often those that truley need the court systems have no real access for a wide variety of typically economic reasons. It is an entertaining story though. Thanks.

Mike
post #4 of 11
It doesn't take a genius to figure out that if you insure something and set it on fire you have to worry about an arson charge. Heck, I can recall TV shows about insurance companies not paying out for suspected arson.
post #5 of 11

TV for legal education

Quote:
Originally Posted by Ghost
It doesn't take a genius to figure out that if you insure something and set it on fire you have to worry about an arson charge. Heck, I can recall TV shows about insurance companies not paying out for suspected arson.
Your commenting on the purported felony charge of arson and not the civil aspects. Sure plenty of insurance companies use Arson as a defense in a civil trial where warranted. Good point. But, that's not a criminal charge. The criminal elements of arson are not just the combustion of property. There are mens rea elements as well. Getting legal and medical information from television may lead to confusion and over-simplifying. As one of my favorite skiiers says; "Television is not the place for complex thoughts." The rest is also plain BS and not even hyperbole. It is a old concocted story that serves to provide comfort in that a slick huckster will get his and not to convey any real truth.
post #6 of 11
Guys! Guys!---this is the HUMOR section---------lighten up:

Jeez youda thunk someone had said PMTS was a cult or something to get that kind of response!:
post #7 of 11
Quote:
Originally Posted by MJL48
Do you have a cite for that!!? What bar association is that your referring too? NACDL (National Association of Criminal Defense Lawyers)? They have no such award nor would they support such unethical conduct and ANY lawyer pursuing such actions would be pursued by bar auhorities for whatever state they govern.

From a legal standpoint--the story does not make sense. The actions don't arise to the conclusions stated either civilly or criminally.

Moreover, I've been hearing that one for the past twenty years. it is an urban legend and usually told for the purpose of supporting the argument that this country is overly litigous. "The events related above did not occur in Charlotte, N.C., or anywhere else. This is the latest (and most verbose) retelling of an old urban legend that has roots in humor. In some variations, the cigar-buyer is just an average scammer, in others, he's an accountant. In every version, however, his clever scheme always backfires and he ends up losing more than he won. This tale and others like it give us hope that, in this overly litigious society plagued by frivolous lawsuits and scams, justice does prevail and that clever crimes have equally clever consequences. In short, we want it to be true. Country music star, Brad Paisley obviously picked up on that desire and immortalized this legend in a track on his 2003 album "Mud on the Tires," entitled "The Cigar Song."" While they're is clearly lawsuit abuse it is not as often with hyped claims as the corporate media portrays. Far too often those that truley need the court systems have no real access for a wide variety of typically economic reasons. It is an entertaining story though. Thanks.

Mike
...and...

Quote:
Originally Posted by MJL48
Your commenting on the purported felony charge of arson and not the civil aspects. Sure plenty of insurance companies use Arson as a defense in a civil trial where warranted. Good point. But, that's not a criminal charge. The criminal elements of arson are not just the combustion of property. There are mens rea elements as well. Getting legal and medical information from television may lead to confusion and over-simplifying. As one of my favorite skiiers says; "Television is not the place for complex thoughts." The rest is also plain BS and not even hyperbole. It is a old concocted story that serves to provide comfort in that a slick huckster will get his and not to convey any real truth.
OK, James, the "fish on" alarm is going off, time to set the hook.
post #8 of 11
Thread Starter 

Humorous

Yeah, the person who e-mailed it to me is a co-worker who is very conservative. I just thought it was a funny story. The real criminal act is my spelling in the title . I pasted it into a humor section post cause I thought someone might get a kick out of it. Good work pointing out where it came from though, I hadn't even thought of following up on it. Jokes are a form of communication and the fact that it declares itself to be true is reason enough to check.
post #9 of 11
Quote:
Originally Posted by skier_j
Jeez youda thunk someone had said PMTS was a cult or something to get that kind of response!:
HOW DARE YOU! To even joke about PMTS will bring the wrath of Khan... er Harald upon thee! Get thee to the slopes and perform six phantom moves and 20 super phantoms.
post #10 of 11
maybe I'm clueless...(actually, thats a well known fact...just check on it at www.snopes.com) but WTF is PMTS?
post #11 of 11
Its not premenstral, see http://www.pmts.org/
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