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7th Circuit affirms District Court in attorney house fire case

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The 7th Circuit Court of Appeals has affirmed a grant of summary judgment in favor of an insurer because an attorney and his wife failed to produce documents the company requested repeatedly.

In Harry Foster III and Linda Foster v. State Farm Fire and Casualty Company, No. 11-3100, Harry and Linda Foster, their two children, Harry’s father and the family’s eight dogs were away when a fire severely damaged the family’s home on Jan. 3, 2009. Linda Foster submitted a claim to State Farm the next day under the family’s homeowners’ policy.

The insurer learned that the Fosters had at least two businesses, held numerous business and personal accounts, and were involved in multiple lawsuits. State Farm promptly requested documents including blueprints, utility bills and receipts. The insurer sent a letter to the Fosters at the end of January, reminding them of their obligation to submit requested documents, and did so again in March.

By mid-March, State Farm’s fire investigator concluded the fire was set intentionally and referred the claim to its Special Investigative Unit.

The Fosters’ deadline to submit proof of loss was May 2, 2009, but they requested a 60-day extension, which State Farm granted. A few days later, the Fosters asked for more time and State Farm again extended the deadline. On Aug. 5, the couple submitted nearly 1,000 pages of documents.   

On Aug. 13 and 15, Harry Foster sat for his examination under oath; Linda Foster’s EUO was on Aug. 26. Based on statements the couple made about previously undisclosed bank accounts and business dealings, State Farm requested additional documents, dating back to 2002.

Citing Morris v. Economy Fire & Cas. Co., 848 N.E.2d 663 (Ind. 2006), the 7th Circuit wrote that the Fosters’ duty was not only to give State Farm documents they possessed, but to acquire and deliver other documents related to their financial condition.

“As a matter of law, the Fosters’ failure to produce requested documents or even explain why they could not, and their related failure to complete Mrs. Foster’s EUO, materially breached the contract,” Judge John Tinder wrote on behalf of the circuit court.
 

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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