2009.05.19*REVISIT* Gonzalez's attys have amended complaint by accusing Cindy Anthony

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
After reading this thread and taking in the events of yesterday...I am beginning to wonder if Cindy and George's new "foundation" is for securing their assests instead of helping other's affected by a missing loved one.
 
After reading this thread and taking in the events of yesterday...I am beginning to wonder if Cindy and George's new "foundation" is for securing their assests instead of helping other's affected by a missing loved one.

kinda makes ya wonder...
 
That's how I understand it, too. CA is not a new defendant, but her conduct forms part of the factual proffer that supports a claim for punitive damages against Casey.

As matters stand now, Casey A is the sole defendant and only her assets could be used to satisfy any judgement for the plaintiff, unless there were some sort of insurance policy like HO's insurance owned by the A's that would include Casey as an "insured" AND would cover the type of conduct she has engaged in. OR unless a court would ever find that assets that are properly Casey's have been fraudulently transferred into the possession of others to avoid the collection of a judgement.

Having discussed all this so much, it has occurred to me why the defense didn't take the advice of all the defense talking heads and just allow a default judgement to be entered against Casey and also why there was such a turnout for the hearing on the amendment to add punitive damages. The defense perhaps doesn't want to open any route that would allow wholly legitimate and relevant discovery of the defendant's assets or potential ones. Depending on exactly how Florida's punitive damages law works, discovery of the defendant's net worth, assets, etc. are likely relevant during pre-trial discovery. Even without a punitive damages claim included, if defendant had defaulted early on, while the criminal case is still pending, there could have been post-judgement discovery of her assets, to see if there was anything from which to satisfy the civil default judgement. This must not make them very happy. At all.

bolded by me-

If I remember my insurance stuff correctly (was an agent for many, many years...) KC would be insured under the HO policy as a "resident relative". However, the liability section usually does NOT cover willful or intentional acts by an insured. If they prove KC intentionally defamed THIS ZFG, I think the HO coverage goes bye, bye.... JMO
 
No real issues regarding coverage can be answered without a review of the exact policy covering CA's home.
Why does it not help to speculate further, IMHO?
We don't even know when the policy covering the Anthony home was initially effective/placed. Policies placed years ago, and simply renewed year to year, could have profoundly different coverage language than policies being written/entered into today.
 
Cindy said that she had been thinking of this "foundation" since September of 2008, on the LK show. News broke of Zenaida's lawsuit being filed by JM in September.

From WFTV,
Zenaida Gonzalez Hires John Morgan For Lawsuit Against Casey Anthony
Posted: 7:41 am EDT September 25, 2008

Now considering that Dennis and Sheri have been sticking like glue to Cindy and George during this whole thing, it's not a far leap to think that when they learned of Zenaida's lawsuit they questioned an atty on what could happen, as to their assests. They talk to D & S and they advise Cindy and George to start a "non profit", which includes the house and whatever else they have of value. Just a thought...
 
Cindy said that she had been thinking of this "foundation" since September of 2008, on the LK show. News broke of Zenaida's lawsuit being filed by JM in September.

From WFTV,
Zenaida Gonzalez Hires John Morgan For Lawsuit Against Casey Anthony
Posted: 7:41 am EDT September 25, 2008

Now considering that Dennis and Sheri have been sticking like glue to Cindy and George during this whole thing, it's not a far leap to think that when they learned of Zenaida's lawsuit they questioned an atty on what could happen, as to their assests. They talk to D & S and they advise Cindy and George to start a "non profit", which includes the house and whatever else they have of value. Just a thought...

Toss 'em in :behindbar
Toss the key!
 
bolded by me-

If I remember my insurance stuff correctly (was an agent for many, many years...) KC would be insured under the HO policy as a "resident relative". However, the liability section usually does NOT cover willful or intentional acts by an insured. If they prove KC intentionally defamed THIS ZFG, I think the HO coverage goes bye, bye.... JMO

I agree completely, that is the typical case and we have no reason to believe the A's wouldn't have a typical HO policy that excludes coverage for intentional wrongdoing and certainly for punitive damages. There are others who tend to disagree whenever this comes up, usually based on anecdotal information about their own or other policies they've heard of, or based generally on the concept of "umbrella" coverage. In the end, I think there is most likely no coverage but concede it would depend on the exact terms of their policy. I think Morgan and Morgan would be looking elsewhere for funds if there were to be a judgement for plaintiff.
 
For the people who are worried, be encouraged that there is nothing new under the sun about attempts to hide assets in anticipation of litigation or the collection of a judgement. There are laws to deal with this.
 
As a followup to my post earlier this morning, most states recognize that a public policy against insuring for losses resulting from intentional or criminal acts is justified by the fact that such acts would be encouraged, or at least not dissuaded, if insurance were available to shift the financial burden of the loss from the wrongdoer to the insurer, ergo the reason such exclusions and/or definitions of "accidental," as homeowner's insurance typically covers accidents and an intentional tort is not usually deemed an accident, are legal.
 
Thank you for this info, Themis.

So, if Z ends up winning the suit in court, Casey's lies - and her family perpetuating and/or covering them up - can potentially follow them for the REST OF THEIR LIVES.

THANK YOU JOHN MORGAN!!!! :)

The way Caylee's death SHOULD. It shouldn't take a lawsuit to make them have nightmares. They should have had them when they knew Caylee was dead.
 
According to some of KC's friends Cindy told them KC was a liar and not to believe her.Of course Cindy knew it could be a lie,but she was in saving KC and the family mode,at the expense of all others.Sadly,I still don't think Cindy gets what she did when she went on TV and said KC said she wasn't shown pictures and didn't clear Zeneida.
I don't know that she gets it either. In the deposition, Cindy answered yes, when asked if it was true that Casey had lied to her many times. Wouldn't that also be proof that she was spreading false accusations about this Zenaida because her source was a known liar ?

Could the jail visit video's also be used in the defamation case, because they both were well aware the visit is public record ?
 
Cindy has nobody to blame but KC and herself for bing named in the suit. No gun was held to her head to make her give all those interviews. She should have wisely made no comment and saved her talking for the detectives investigating the case. Surely counsel at some point tried to muzzle her for her own good. But Cindy knew best and Cindy couldn't be stifled, so now her words come back to haunt her.

She needs to own her own in this!
 
Can somebody please explain to me what is happening----say like you are talkin to a---well, a 5 year old. I just can't grab it all.
TIA

Well, I saw this thread last week and in a blink..it was gone lol.....Morgan and Morgan are adding Cindy to the slander suit and adding punitive damages....I thought I was imagining things....But here it is! This is on behalf of ZFG and I haven't been able to find out the amount, but you can bet it's harsh.Who knows what amount punitive damages are...they can be anything as they are intended to PUNISH....this is only my opinion.
 
Well, I saw this thread last week and in a blink..it was gone lol.....Morgan and Morgan are adding Cindy to the slander suit and adding punitive damages....I thought I was imagining things....But here it is! This is on behalf of ZFG and I haven't been able to find out the amount, but you can bet it's harsh.Who knows what amount punitive damages are...they can be anything as they are intended to PUNISH....this is only my opinion.
imo the anthony's should be named in the suit because even after they knew it was lies they kept saying that Caylee was taken by zfg. i never could figure out why they kept defending kc after they and the whole world knew she was lying every time she opened her mouth to speak.
 
imo the anthony's should be named in the suit because even after they knew it was lies they kept saying that Caylee was taken by zfg. i never could figure out why they kept defending kc after they and the whole world knew she was lying every time she opened her mouth to speak.

The only question I have is what took them so long??? I said this 2 years ago LOL
 
bolded by me-

If I remember my insurance stuff correctly (was an agent for many, many years...) KC would be insured under the HO policy as a "resident relative". However, the liability section usually does NOT cover willful or intentional acts by an insured. If they prove KC intentionally defamed THIS ZFG, I think the HO coverage goes bye, bye.... JMO

Depends what the punitive damages are. The HO can pay their limits and it may still may not be enough....like Muzicman said...will follow them forever.
 
The Anthony's were added in May to the lawsuit, and according to articles the Anthony's have not made a mortgage payment since June. This explains everything!!!When Cindy was talking about divorcing George she had stated to her mom I think that George would get half including the house and she did not want that.....
They are letting the house go out of spite so that ZFG does not get it when she wins the defamation lawsuit.:doh::loser:
 
Status
Not open for further replies.

Members online

Online statistics

Members online
141
Guests online
1,659
Total visitors
1,800

Forum statistics

Threads
600,254
Messages
18,105,974
Members
230,993
Latest member
Clue Keeper
Back
Top