- 20 - A: No, we had not - it was not quite that simple. It was basically that the fact that the issue of whether or not it was a motorcycle versus a horse accident was not conclusively established. We had not had the opportunity to fully develop those issues. But looming on the horizon was [Mr. Marsh’s attorney’s] threat of expanding the lawsuit, plus this very onerous discovery request [“that would require hundreds of thousands of hours of manual labor” to comply with] that had been served on us. And you know, we felt that we were kind of pushed against the wall basically. Q: * * * if Mr. Marsh was lying about the cause of the accident and it was a non-vehicular accident, the insurance company would have had a defense to paying out any claims under the policy, correct? A: Yes it would have had a defense to the claim under the policy, but not to the other claims. The insurance settlement in this case was paid by the insurer to avoid the costs of litigating what it considered to be a doubtful personal injury claim after the insurance company had initially and improperly relied on an invalid exclusionary provision. Petitioner’s claim was actually based on a false accident report, and this false statement was the basis for his recovery. Without petitioner’s false statement regarding the circumstances of the accident there would have been no insurance recovery. Statutory exclusions from income such as those contained in section 104(a) are to be narrowly construed. See Commissioner v. Jacobson, 336 U.S. 28 (1949). We hold that the $105,000 settlement was not on account of or for personal injuries within the meaning of section 104(a). We, therefore,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011