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Arsonist-Husband Accused Twice Over Is Held to Have Standing to Sue His Property Insurer Although The Property Is Awarded to Wife

By Janet Langjahr

Connecticut Husband and Wife divorce.

Theirs is not the garden-variety divorce.

Husband is an advertising executive. Wife is an attorney.

Husband allegedly kidnaps Wife, holding her hostage in one of their homes. During the hostage crisis, Husband asserts to police that the home is rigged with explosives.

Before torching the home.

The home, by the way, is contingently awarded to Wife in the event that Husband fails to pay her $100,000 in attorney’s fees. Accordingly, Wife is entitled to any insurance proceeds.

Husband is also required to transfer to Wife his interest in another marital property, a beach home.

But, rather than do that, prior to his deadline, Husband allegedly burns this house to the ground too.

At this time, Husband stands charged with two counts of arson, as well as other charges related to the hostage-taking situation.

Trial in both cases lies ahead for Husband.

Notwithstanding all of the above, Husband sues his property insurer … for his emotional distress. He attributes same to the insurer denying his insurance claim – after reportedly summarily concluding that Husband burned the home down himself.

Husband asserts that the insurer should have commissioned an independent investigation before reaching any conclusions about it.

The civil trial court dismisses Husband’s lawsuit against his property insurance company.

On appeal, however, an intermediate level court unanimously reinstates Husband’s claims for emotional distress.

Read more in this Insurance Journal article: Connecticut Court: Man Charged in Arson Can Sue Insurer.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on March 07, 2011 (boomark / email).