Reference no: EM133256967
Jenna and Joe are not married. They bought a house together on five acres of land, and they lived happily there for five years, welcoming a child together and buying many furnishings for the house. Joe picked out a family pet, a dog, and Jenna paid for the dog and signed all paperwork necessary to bring the dog home. The couple has purchased home owner's insurance. The relationship between Joe and Jenna deteriorated to the point that they were constantly arguing. Jenna told Joe she wished to end the relationship and left with their child to go stay with her parents for the night. Sadly, she remembered in the middle of the night that she had written a check to Joe for $3,000 that morning to buy a few appliances that they wanted to replace. Joe has not cashed the check yet. That night, feeling as though Jenna would not be returning, he lit the house on fire but had the sense to remove the dog to safety first. The house burned but some furnishings were salvageable. Thankfully, no one was hurt. The camera installed on the property captured Joe lighting the fire in the upstairs bedroom.
1. Will the homeowner's policy be paid for the loss of the home - why or why not? If not, what argument could Jenna make so that it is paid?
2. What Court - civil or criminal - would Joe potentially be appearing before and what process would likely occur in terms of litigation?
3. What property issues are going to be in dispute? If Joe does not end up serving any jail time, who will get the dog and why?
4. The cost of litigation could be extensive with all of the potential issues, including custody of the child, so Jenna's attorney recommends alternative dispute resolution. What type would you recommend and what would be the benefits/drawbacks?
5. Is there anything Jenna can do about the check she wrote for $3,000? If so, what steps should she take?