The Corner

Re: The Lawyer v. The Marine

From a reader:

Aren’t attorney Grodner and the State of Illinois suggesting that Sgt. McNulty commit insurance fraud? If the damage to the vehicle was caused by an unidentified vandal, Sgt. McNulty’s insurance carrier would be expected to pay for the repairs, but since the vandal has been identified, he is responsible to pay for the repairs, not Sgt. McNulty’s insurance carrier. I’m not sure what flavor Kool-Aid the state prosecutors in Illinois are drinking, but there’s no doubt they’re drinking lots of it. Illinois taxpayers won’t allow the justice system they pay for to be used to aid and abet Grodner in his plan to financially damage Sgt. McNulty and then thwart his efforts to secure justice. Also, it’s unlikely that the state licensing board will ignore Grodner’s blatant legal and ethical violations — especially given the fact that they are aimed at a soldier on his way to Iraq. Because Grodner’s mean-spirited arrogance reminds people why they detest lawyers, his colleagues should be first in line to condemn him.

Update: From a reader in the insurance game, natch:

Trying out to be your Insurance Claim Guy-

The Sgt. could legally claim under his policy as the carrier would then assume his rights upon payment to the Sgt. for damage caused by a third party (known as Subrogation in the biz) in this case a known third party and sue the third party to get back their loss. What the Sgt. cannot do is settle his claim against the lawyer for the $100.00 deductible and then bring a claim against his policy. Such would impair his carrier’s subrogation rights and relieve the carrier of the duty to indemnify him against loss from vandalism. So the suggestion to settle with the vandal is not fraud, but could cost the Sgt. and ability to make a claim with his carrier.

The fact that the vandal is known as opposed to unknown is not relevant unless the policy covers only “unknown” vandalism, which I doubt. Otherwise, carriers could deny liability for any damage caused by a thief that is subsequently caught. To hold otherwise would create an incentive to not chase down a vandal/thief.

If awarded the office, please keep my employer confidential.

And, from another aspiring Insurance Claim Guy:

Grodner was not asking to commit insurance fraud. There is nothing 

wrong with McNulty filing a claim with his insurance company for the 

damage even if he knows who did it. It would be similar to filing a 

claim with your insurance company under your collision policy after 

being rear-ended rather than filing a claim with the other 

individual’s liability insurance provider or suing an uninsured 

individual. Particularly for the uninsured individual (assuming they 

have enough cash to satisfy any judgment), one reason to file a claim 

with your own insurer is to avoid the hassle of going to court.

Grodner’s scheme was actually pretty stupid. When you accept a claim 

settlement from your insurance company you also subrogate your claim 

against the third party to them. By attempting to force an insurance 

claim we was replacing a not-legally-savvy individual with a legally 

savvy, deep pocketed insurance company as the plaintiff in any civil 

lawsuit. He must assume the insurance company would not bother suing 

over $2400.

If for some random reason you post this, please remove my identifying 


Most Popular


Two Truth-Tellers, Brave as Hell

Yesterday, the Human Rights Foundation hosted an event they called “PutinCon” -- a conference devoted to the Russian “president,” Vladimir Putin: his rise and his deeds, both at home and abroad. Participating were both Russians and well-wishing foreigners. It was, above all, a day of truth-telling -- a ... Read More
Economy & Business

The Swamp: Navarro Nucor Edition

The Wall Street Journal has a story today about the ties between President Trump's trade adviser, Peter Navarro, and the biggest steel company in the U.S. -- Nucor Corp. It is particularly interesting in light of the stiff steel tariffs successfully pushed by Navarro, which he championed ever since he joined the ... Read More


EMPIRICAL   As I can fathom neither endlessness nor the miracle work of deities, I hypothesize, assume, and guess.   The fact that I love you and you love me is all I can prove and proves me. — This poem appears in the April 2 print issue of National Review. Read More

Nancy MacLean Won’t Quit

One of the biggest intellectual jousting matches last year was between Duke history professor Nancy MacLean, who wrote a slimy, dishonest book about Nobel Prize–winning economist James Buchanan and the whole limited-government movement, and the many scholars who blasted holes in it. If it had been a boxing ... Read More
Politics & Policy

Rolling Back Dodd-Frank

The Senate on Wednesday passed a bill that would roll back parts of Dodd-Frank. The vote was 67–31, with 17 members of the Democratic caucus breaking party lines. If the legislation passes the House and is signed, it will be the largest change to the controversial financial-reform package since it became law in ... Read More

How Germany Vets Its Refugees

At the height of the influx of refugees into Germany in 2015–17, there was little doubt that mixed among the worthy cases were economic migrants taking advantage of the chaos to seek their fortunes in Europe. Perhaps out of instinctive pro-immigrant sentiment, Germany’s Left obscured the difference. Its ... Read More