Some people just go too far. Others go so far they have no choice but to watch everything fall apart while they stick to their guns. In our most recent trial victory, the insured was in that position. A fire occurred in April of 2009 in a small town in Northern Michigan. At the time of the fire the insured was at the end of her financial rope. She had no job, and no public assistance. Her most recent settlement on an insurance claim had completely run out. Her son and his 3 children just moved in - but couldn't pay rent. And the house had to be reconfigured to accommodate everyone living there. Then on a night when no one was home and the dogs were tied up out back (at 11:00 p.m. in a 40° rain) a fire broke out in a windowless room in the basement.
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Fires that are classified “undetermined” by an expert, in some cases, are intentionally caused. And even though an insurance company may also have strong indications that an insured was involved in the setting of a fire, it may not have enough evidence to support a denial. In the case of a fire that took place in a home in Northern Michigan, those were the issues that the insurance company faced when it ultimately made the decision to release the claim for payment. A couple of weeks later, however, we got a telephone call from a neighbor claiming the insured confessed to starting the fire and had been discussing it for years.
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In April 2009, a tragic house fire in Kalamazoo appeared to be started from a child playing with matches. Sometimes, whether or not there is coverage, begins with a question as simple as “Did the homeowner live there?” And in this case, he did not.
Back in 2008 we lost this trial. Of course that may have something to do with numerous errors in that trial including allowing the insured to testify that he passed a polygraph even though the polygraph operator never testified. But in spite of everything looking like it was stacked against us, the insurance company stood strong and we won the appeal. Then last week won the trial. (Yes, this guy took a polygraph and passed. There is a reason why they are not admissible in court: they are worthless. Lie detectors only work if lying makes you nervous. For some people lying comes as easy as a smile. This was one of those cases.)
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The insured said he was in Tennessee for a week with his whole family and when he came home he found the house trashed by "vandals". TVs were smashed. The refrigerator was turned over and the food was all over the kitchen floor. Little hammer holes were punched all over the drywall. Drawers were pulled out. Furniture was overturned. At first glance it looked really bad - but we never stop at the first glance.
