We spent another day in court today arguing for two motions that we had submitted. Before I explain the results I will give a brief summary of the events of the past two years.
March (& April) Madness
Hardball on the Hard Court
Hardball on the Hard Court
-Rapid deterioration of exterior house stucco.
-A friend contracted to do some porch repair states damage related to work done over a decade ago.
-Contact original contractor. No satisfaction.
-Argue through various media, including television spot.
-Added as a defendant to pre-existing defamation suit.
-Legal discoveries, depositions.
-File counter suit.
-More discoveries, depositions
-Trials for defamation and HIPPA counter suit separated.
-Our suit tried first. We win judgment.
-Motions, motions, motions.
-Motions ruled upon. Trials over on this level. Appeal pending.
Today's motions- Defamation case against us dismissed. Good! Double damages and full attorney fees awarded. Very Good!
The awards granted are nearly 7 times greater than the estimate for fixing the house's exterior in the first place. The attorney's fees make up the difference. But, then again, we didn't start this mess. It was forced upon us. In addition, our adversary had recently settled with another party among this mess for a very large amount added to his bank account.
Ironically, Grandpa Jerry sent an e-mail today that outlined a lawyer/insurance situation that purportedly occurred in North Carolina:
A lawyer purchased a box of very rare and expensive cigars, then insured them against, among other things, fire..The e-mail oddly seemed to fit what we have been experiencing here.
Within a month, having smoked his entire stockpile of these great cigars, 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!
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 cigars that perished 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 was sentenced to 24 months in jail and a $24,000 fine