We all have heard Churchill’s commencement speech in 1941 where he included those famous words “never give in, never give in, never, never, never…” Brandon put an entry on the blog below about the burden of proof in an arson case, relying upon a case in which he was involved styled Cincinnati v. Banks.
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Insurance Companies Bear the Burden of Proving Arson
By Brandon McWherter on
Back in November 2013, I had the great honor to represent Larry and Sue Banks in their case against Cincinnati Insurance Company. My partner, Clint Scott, and I presented the case to a federal jury and after deliberations, the jury returned a verdict for more than $2.2 million. The insurance company accused the Banks of…
Does Arson Constitute Vandalism?
By Brandon McWherter on
Posted in Coverage Issues
I represented a Memphis homeowner a couple of years ago whose residential rental property was destroyed by fire. The policy provided coverage for fire loss, but contained an exclusion for "vandalism and malicious mischief . . . if the dwelling has been vacant for more than 30 days immediately before the loss." In our case, it was undisputed that the…
An Insured’s Willingness to Take a Polygraph Test – Admissible?
By Brandon McWherter on
Posted in Bad Faith, Claim Tips
Here’s a tidbit that can come in handy in the right case. In Murphy v. Cincinnati Ins. Co., 772 F.2d 273 (6th Cir. 1985), the Sixth Circuit Court of Appeals affirmed a district court’s ruling that an insured’s willingness to submit to a polygraph test as part of the insurance company’s investigation was admissible…