Monday, April 03, 2006

Smoking out the truth

Here at NDLS, there's a weekly publication known as the Patty O'Herald (named for our infamous dean). It's primarily posted in the bathrooms, though sometimes there are copies taped to the refrigerator and elsewhere in the law school. The newsletter includes announcements of upcoming law school events, SBA news, and humorous law-related or law-inspired news blurbs, jokes, and anecdotes. Today there was one such story that caught my eye. Here's the story:

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 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! In delivering the ruling the judge agreed with the insurance company that the claim was frivolous, however; the judge stated 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 a 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."

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 sentenced him to 24 months in jail and a $24,000 fine.
(quoted courtesy of this site)

Now for the kicker. The story's a sham. A phony. Fake. Not true. In short, urban legend.
I suppose one shouldn't expect much from a self-described bathroom rag. But a little fact checking wouldn't hurt. A quick trip to snopes is all it takes.

3 comments:

Anonymous said...

It's also a song:
http://www.bradpaisley.com/index.php?em703=24688_0__0_~0_-1_4_2006_0_0&content=album&album=24610&em702=24610_0__0_~0_-1

Anonymous said...

11. The Cigar Song
Brad Paisley (ASCAP)

Well I'm a sucker for fine Cuban cigars
The problem is I can't afford 'em
But last year I went and got myself a whole box
And just to be safe I insured 'em

Chorus
I took out a policy against fire and theft
And then I hurried home
With a thirty-cent lighter I sat on my back steps
And I smoked 'em one by one

Two weeks later I went to see that insurance man
And I handed in my claim
With a straight face I told him that through a series of small fires
They'd all gone up in flames

2nd Chorus
They reviewed my case and they had no choice
But to pay me for what I'd done
And I took that check and bought a whole new box
And I smoked 'em one by one

Two weeks later this detective shows up
Tells me that company's pressin' charges
One speedy trial later they locked me up
On twenty-four separate counts of arson

3rd Chorus
And now I sit and I stare at a blank brick wall
Lookin' back on what I've done
To pass the time I've got some ten-cent cigars
And I smoke 'em one by one
Yeah, I smoke 'em one by one


---------------------------------------
2003 EMI April Music, Inc./Sea Gayle Music (ASCAP) All rights controlled and adm by EMI April Music, Inc. All rights reserved. Used by permission.

Alex said...

Wow, that's awesome. Thanks!