Law Firm of Lindsey Daugherty | Denver, CO 80210 | (970) 290 - 8465 | Douglas, WY 82633 | (307) 359 - 3607

Law Firm of Lindsey Daugherty | Denver, Colorado Attorney

My Spidey Sense is Tingling

A Missouri couple got a rather unpleasant surprise when they purchased an upscale home. The house was infested with 6,000 venomous brown recluse spiders. Susan Trost notice spider webs and their not-so-friendly inhabitants on her first day in the home. The Trosts attempted to resolve the problem with interior and exterior pesticides, but their eight legged tenants refused to find new digs. The Trosts eventually filed a claim with their insurance company and sued the former owners for not disclosing the creepy crawlys. 

Following a jury trial, the Trosts were awarded $472,110 in damages. However, the former owners' insurance company claimed the policy lacked coverage and refused to pay. The former owners then filed for bankruptcy. The Trosts did file a claim against the insurance company for failure to pay their claim and moved from the house allowing it to go into foreclosure. 

Generally, collecting an award of damages comes without the hurdles the Trosts are facing. A financially stable party will normally pay the award rather than force the opposing party to pursue collection. A party may also garnish wages or bank accounts in order to receive their award. But, when the paying party refuses to pay or doesn't have the financial resource to pay, it can be difficult to receive the award. In a case like the Trosts', a bankruptcy claim can cause the judgment to be discharged. 

The legal issues of receiving the judgment present a rather tangled web, but I sure hope the Trosts can find a web and venom free home. 

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