HARTFORD, Conn., Feb. 15 (UPI) -- A Connecticut man who allegedly burned his home in a divorce dispute can sue the home's insurer for emotional distress for how it investigated, a court ruled.
Richard Shenkman, 62, is accused of burning down the East Lyme beach house on March 5, 2007, after divorce proceedings determined the house would go to his estranged wife, Nancy Tyler, the Hartford (Conn.) Courant reported Monday.
An attorney for Shenkman, who is awaiting trial on arson and reckless endangerment charges, says the insurer investigated the fire in a way that negligently inflicted Shenkman with emotional distress.
"Essentially what happened was, obviously, his residence was burned down," attorney Benjamin D. Gettinger said. "His wife's argument is that he did it. His claim, obviously, is that he didn't do it, and they should investigate it as they would any other fire."
Shenkman claims that the insurer didn't conduct an investigation because of his arrest on May 10, 2007, on arson charges, and that the insurer believed Tyler, who says that Shenkman burned down the house, Gettinger said.
Central Mutual Insurance Co. granted the insurance proceeds from the fire to Tyler, a medical malpractice attorney.
"He felt as though, you know, there were a different set of rules being applied to him because he was arrested and charged with a crime," Gettinger said.
