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FOR BREAKING NEWS VISIT www.couriersun.com december 19, 2013 • The Courier sun 49 – THE NEW YORK TIMES E X I T S T A G E L E F T DECEMBER 27-29 “THEY CAN GET LAUGHS SIMPLY BY BREATHING.” 14 UNITED NATIONS AVENUE SOUTH | FLUSHING MEADOWS CORONA PARK WWW.QUEENSTHEATRE.ORG | 718.760.0064 Legally Speaking By: Scott Baron, Attorney at Law VAPOR IN THE BEDROOM Q: Last summer, my home up here was completely destroyed by fire. Previously, I had lived there for half the year and rented in Florida for the other half. Recently, I had decided to live in Florida full time. In the week preceding the fire, I appeared personally at my insurance agent’s office. For the first time in memory, I paid my monthly homeowners’ insurance premium on time. I also held a moving sale and put my furniture and personal property on a moving truck. After giving the keys to a realtor, I locked up and went to the home of friends. In the middle of our wild good-bye party, the fire department got the call. After my fire was extinguished, a county fire investigator and his dog found some residue of combustible flammable vapor in an upstairs bedroom. A few days later, a private arson investigator hired by my insurer conducted another inspection. In his weird opinion, a flammable liquid had been poured on the floor of that bedroom and then ignited. After I submitted a proof of loss statement, my insurer pointed to the inspections and to the financial destitution that I had been experiencing. The insurer then denied my claim, accusing me of – would you believe it – arson. A: To establish the affirmative defense of arson, it is the insurer’s burden to demonstrate by clear and convincing evidence that, intentionally, you set this fire. Direct proof of arson seldom is available, and (in civil cases) arson can be established by circumstantial evidence. Unfortunately, there appears to be powerful circumstantial evidence that your fire was due to human intervention. Be sure to tell your attorney the absolute, unvarnished, straight truth. LIU POST’S CENTER FOR GIFTED YOUTH FALL 2013 PROGRAM October 5 - December 14, 2013 • CELEBRATING 34 YEARS INQUIRE ABOUT TRANSPORTATION! NEW TECHNOLOGY INFUSION! Are You the Parent of a Gifted Child? LIU Post’s Center for Gifted Youth announces its 34th annual Fall Program for gifted children. The ten-week Saturday program runs from October 5 - December 14, 2013 and is opened to gifted children entering grades K-6 in September 2013. The major focus of the program is to expand students’ knowledge and develop creative and critical thinking skills. The program offers children the opportunity to learn in an innovative and exciting environment. For information call (516) 299-2160 or e-mail [email protected] Now find us on Facebook Follow us on Twitter LIU Post ▲ College of Education, Information and Technology 720 Northern Blvd. ▲ Brookville, NY 11548-1300 Email: [email protected] ▲ liu.edu/post/giftedyouth Lynne Manouvrier, Director Admission is highly selective and enrollment is limited. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel.This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878


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