-----Original Message-----
From: secc-bounces at contesting.com [mailto:secc-bounces at contesting.com]
On Behalf Of Rick Dougherty NQ4I
Sent: Friday, April 07, 2006 07:28
To: SECC
Subject: [SECC] Ham wins law suit against insurance company
Message
Bob wins! Bob wins! Read all about it...
-----Original Message-----
From: Jim Altman [mailto:jaltman at altlaw.com]
Sent: Thursday, April 06, 2006 12:25 PM
To: ham-law at altlaw.com
Subject: [ham-law] Rarely do I get to toot my own horn
Usually I only make occasional administrative postings about the use
of the list, BUT NOW...
I represented a client whose crank-up tower was damaged in a
thunderstorm and whose insurance company refused to pay on the grounds
that:
a) the tower was not a permanent structure; or,
b) his maintenance was negligent
Of course, he will never be able to get homeowners insurance again!
Neal, K4EA
The insurance co. and I agreed to waive a jury and try it to the
court. Trial took two days, their expert testified my client should
have replaced the cable long ago, but that the type of cable should last
20-30 years. It was 19 years old. Nor could their structural engineer
expert identify which cable was the up cable or the down cable.
They contended the tower was not "permanent" notwithstanding the 21
tons of concrete anchoring it. I pulled out a picture of the London
Bridge (now located in Lake Havasu, Arizona) and asked if that was
permanent.
Judgment received in the mail today, we are THE WINNERS! $25,000.00
damages. Yee-hah!
Winning is always more fun than losing.
We now return you to ordinary programming.
Jim Altman
jaltman at altlaw.com
_______________________________________________________
The Ham-Law Mailing List. This list is for discussion and does not
purport to give legal advice.
Submissions: ham-law at altlaw.com
Subscribe and unsubscribe: listserver at altlaw.com
Use "(un)subscribe ham-law at altlaw.com" on a new line in the text.
_______________________________________________
SECC mailing list
SECC at contesting.com
http://lists.contesting.com/mailman/listinfo/secc
--
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.1.385 / Virus Database: 268.3.5/303 - Release Date: 4/6/2006
|