Jailed Ex-Spouse, Accused in Lawyer's Kidnapping and Arson, Can Sue Fire Insurer, Appeals Court Says
Imprisoned and awaiting trial on charges that he kidnapped his attorney ex-wife at gunpoint, held her hostage in her Connecticut home in July 2009 and torched it after she fled, a former public relations executive can pursue an insurance coverage case over another home he allegedly set afire in 2007, a state appeals court has ruled.
In a decision yesterday, it held that a trial court judge had properly dismissed three of the four counts in a civil case filed by Richard Shenkman, 62, over Central Mutual Insurance Co.’s handling of the couple’s claim concerning the 2007 fire. Because ownership of the house was transferred to his former wife, Nancy Tyler, he doesn’t have standing to assert claims for breach of contract, breach of the duty good faith and fair dealing and violation of Connecticut’s fair trade practices law, reports the Day.
However, Shenkman can maintain a claim for emotional distress, based on the insurer’s alleged mishandling of the fire investigation.
“We note, however, that our conclusion regarding the plaintiff’s standing to bring his claim of negligent infliction of emotional distress in no way reflects on the merits of the plaintiff’s claim or the legal sufficiency of his allegations,” the appeals court says in a footnote.
Shenkman’s lawyer could not be reached for comment and Tyler declined the Day’s request for comment.
Earlier coverage:
ABAJournal.com: “Lawyer Who Survived Hostage Ordeal Talks About Aftermath”
