Parties settle burned home suit

LAKEWOOD RANCH — Just weeks before a trial was to begin over a home that burned down in Greenbrook in late 2008, parties in the case have settled the matter.

Homeowners Chrissie and Samuel Budd and their home insurance company, First Community Insurance Co., have reached a confidential settlement, the Budds’ attorney Jose Sosa said.

“Both parties were suing each other, and the case is being dropped, pursuant to the terms of the settlement,” Sosa said, declining further comment. “Part of the settlement is confidentiality.”

The Budds’ home at 6216 Macaw Glen in the Greenbrook Haven community caught fire Sept. 11, 2008. The Budds sued First Community Insurance for breach of contract after it declined to provide coverage for the incident, the original lawsuit states.

First Community alleged the Budds “participated, either directly, indirectly or through conspiracy, the events or occurrences which directly or indirectly caused the loss,” among other defenses.

Court records show a mediation of the case on Feb. 10 resulted in an impasse.

The case was slated for trial March 19-23, and on Feb. 21, court records show the Budds filed to continue the trial. The motion states the Budds and their counsel became aware the pending trial may affect “whether or not any potential criminal charges are brought against the Budds or other individuals involved in the case, including one of the primary witnesses.”

The motion also states the possibility of criminal charges “coming from the testimony and evidence in this civil case, and the chilling effect that this possibly brings, creates an inherent unfairness against the plaintiffs in this matter.”

The plaintiffs, therefore had requested, so as to “exorcise the unfair pressure and unnecessary burden” caused by the pending criminal investigation and to “restore true fairness” to the proceeding that the trail be delayed until after the statute of limitations for arson had passed — after Sept. 11, 2012.

The settlement reached between First Community and the Budds last week concluded the case, Sosa said.

The fire that destroyed the Budds’ home still is under investigation by the State Fire Marshal’s Office, but no charges have been filed at this time. State officials say the investigation is ongoing.

Contact Pam Eubanks at [email protected].