NITA Fire & Casualty Company V. Rubino & Son

The plaintiff, Nita Fire and Casualty Company, brought this lawsuit to recover an amount paid to the defendant, Anthony J. Rubino, on a fire insurance policy on Rubino's business. Rubino was doing business as Rubino and Son, Dry Cleaners.
Publisher: NITA
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ISBN: 9781556810657
Publisher: NITA
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The plaintiff, Nita Fire and Casualty Company, brought this lawsuit to recover an amount paid to the defendant, Anthony J. Rubino, on a fire insurance policy on Rubino's business. Rubino was doing business as Rubino and Son, Dry Cleaners. A fire at the defendant's plant resulted in a total loss. The fire marshal determined that the fire was caused by spontaneous combustion. Relying on the report of the fire marshal, the plaintiff paid the defendant's claim in the amount of $300,000.00. After paying the claim, the plaintiff learned from a former employee of the defendant that the fire possibly was caused by arson. After it conducted an independent investigation, the plaintiff decided that the fire was set deliberately. Rubino has denied the allegation of arson.

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Table of Contents

RUBINO PROBLEMS


TABLE OF CONTENTS


INTRODUCTION


A. Direct, Cross and Redirect Examination of Lay Witnesses



1. Raymond Rosen

2. Edward George

3. Anthony Rubino

4. Robert Delgreggo


B. Exhibits and Demonstrative Aids


(1) Diagrams and Charts

5. Diagram of South Elm Street Plant

(2) Writings

6. September 25 Letter

7. November 5 Letter

8. February 1 Letter and Check

9. February 15 Letter and February 1 Check

10. Joseph Ruggiero's Investigative Report


C. Impeachment and Rehabilitation


11. Raymond Rosen

12. Anthony Rubino

13. Robert Delgreggo


D. Adverse Examination


14. Anthony Rubino

15. Raymond Rosen


E. Discovery Depositions


16. Edward George

17. Raymond Rosen

18. Bryce Pugh

19. Robert Delgreggo

20. Joseph Ruggiero

21. Anthony Rubino


F. Examination of Expert Witnesses


22. Bryce Pugh

23. Joseph Ruggiero


G. Jury Selection


24. Jury Selection Problem

Jury Information Sheet


H. Opening Statements


25. Opening Statement Problem


I. Closing Arguments


26. Closing Argument Problem




RUBINO CASE FILE


TABLE OF CONTENTS


INTRODUCTION


SPECIAL INSTRUCTIONS


A. Pleadings



Complaint

Answer


B. Witnesses


(1) Lay Witnesses

Raymond Rosen Deposition

Edward George Deposition

Anthony Rubino Deposition

Robert Delgreggo Deposition

(2) Expert Witnesses

Bryce Stenton Pugh Deposition

Joseph Ruggiero, Nita City Fire Marshall, Deposition


C. Exhibits


1. Nita City Inquirer Article

2. Diagram of 1050 South Elm Street

3. September 25, YR-2 Letter

4. Claim Letter, November 5, YR-2

5. Statement of Loss

6. Payment Letter, February 1, YR-1

7. Nita Fire & Casualty Company Check

8. Correction Letter, February 15, YR-1

9. Rubino & Son Check

10. Criminal Record of Robert Delgreggo

11. Joseph Ruggiero's Investigative Report


D. Proposed Jury Instructions


E. Form of Verdict