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CA CS CIMA Adv Dip MA Prakash (CA CS CIMA)     31 July 2009

Up In Smoke - Lawyer's cleaverness

A 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 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."

After the lawyer cashed the check, the insurance company had him arrested !!! 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.


Learning

 1 Replies

Kiran Kumar (Lawyer)     31 July 2009

well dear i ve already read this story.

 

but u can not apply the same to Indian Lawyers.

 

otherwise may it be any profession lawyers, doctors, engineers, charted accountants....whoever tries to be oversmart or tries to misuse the knowledge and skill he/ she posseses, that person faces the music as well.

 

a lawyer is supposed to maintain high level of discipline in the society....u ll notice a lawyer has more command over society than any other professional.

 

a good conduct of lawyer invites both appreciation and money.....so the moral of the story is dont misuse ur knowledge and skill rather use it as a tool to uplift the character of the society.


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