Indian Hill mansion fire case heading for trial

Published: Sunday, August 20, 2017 @ 2:00 PM


            More than 80 firefighters worked Jan. 10, 2014, to put out the blaze that swallowed a 10,000-square-foot residence in Indian Hill. BRYCE ANSLINGER/WCPO
            BRYCE ANSLINGER / WCPO
More than 80 firefighters worked Jan. 10, 2014, to put out the blaze that swallowed a 10,000-square-foot residence in Indian Hill. BRYCE ANSLINGER/WCPO(BRYCE ANSLINGER / WCPO)

U.S. District Judge Susan Dlott has set aside up to 20 days for an Oct. 10 jury trial that could unravel some of the remaining mysteries from a 2014 fire that destroyed an Indian Hill mansion and spawned a $60 million lawsuit.

Homeowners Jeffrey and Maria Decker are trying to force Chubb National Insurance Co. to cover damages from the fire of undetermined origin at 9645 Cunningham Road. The damage claims have been revised downward since the lawsuit was filed in 2015.

MORE: Homeowner’s pacemaker data can be used in Middletown arson trial

The Deckers are now seeking $15.3 million in “contract damages” from their claim, plus $30.5 million in punitive damages. They argue Chubb’s aggressive fire investigation caused humiliation and emotional distress.

Chubb filed a counterclaim to recover more than $700,000 paid to the Deckers as advance payments on the insurance claim, which it later denied, alleging the Deckers made false statements and concealed facts about the fire.

Judge Dlott has filed a 47-page trial preview outlining legal issues and disputed facts that remain in the case. The document also provides a witness list that includes Joel Gemunder, former CEO of Omnicare Inc., who considered buying the Decker’s house several years ago.

Arnold Barnett, former chairman of the Cincinnati Metropolitan Housing Authority, could also be called as a witness. Chubb is trying to keep Barnett from testifying about Chubb’s investigation of a past insurance claim. The Deckers view it as evidence of “bad faith conduct” by Chubb.

MORE: Insurance company won’t pay claim for Hamilton home where arson killed firefighter

The jury is also expected to see the video deposition of James Stafford, the founder and former owner of Stafford Jewelers. He was found dead on the Deckers’ property in November 2016, five months after he told Chubb’s attorneys that Decker was trying to sell his Indian Hill home before it caught fire.

“It was just too much house for him,” Stafford testified.

According to the deposition, Decker was a Stafford Jewelers customer and partner in a real estate venture with James Stafford. Stafford testified that Decker once confided that he spent $5.5 million to build the home and was trying to sell it for up to $12 million. Chubb had the house appraised at $5 million.

The Deckers are seeking $10.7 million in damages for the dwelling itself and more than $2 million for its contents, including $29,000 for jewelry, $23,000 for furs and $5,700 for fine arts.

MORE: Middletown fire canine a first in the region

One of the big remaining disputes in the case involves Chubb’s use of cell phone records to support its allegation that Jeffrey Decker “was in the area of his residence, not at his alibi location” just 16 minutes before the fire was discovered by a neighbor.

Decker’s attorney Gary Franke claimed in a December filing that “Chubb employees in Philadelphia” admitted in a deposition that Decker’s “actual location could not be determined.”

The Deckers hired their own expert, who said Chubb’s method of analyzing call records “can only establish that an individual was within a 21.75 mile radius of a cell phone tower, well within the radius-area consistently asserted by Mr. Decker as to his whereabouts.”

One person transported to hospital after stabbing in Trotwood

Published: Wednesday, September 20, 2017 @ 12:30 AM
Updated: Wednesday, September 20, 2017 @ 12:40 AM

ON SCENE:Stabbing reported at Trotwood apartment

At least one person was taken to Miami Valley Hospital early Wednesday following the report of a stabbing at the Wingate at Belle Meadows Apartments in Trotwood.

Police and medics were called late Tuesday night to a report of a woman stabbed.

Crews were dispatched around 11:50 p.m. to an apartment in the 300 block of Outer Belle Drive.

>>>West Carrollton school worker focus in student assault accusation

According to initial reports, a caller heard glass breaking and a woman screaming.

Additional details were not available on scene. We will continue to follow this story.

Download our free mobile apps for breaking news and weather

Hurricane Maria: Live updates

Published: Wednesday, September 20, 2017 @ 12:00 AM
Updated: Wednesday, September 20, 2017 @ 1:12 AM

VIDEO: Hurricanes Jose and Maria From Space

Hurricane Maria is bearing down on the Caribbean and is set to pass over much the same area devastated by Hurricane Irma nearly two weeks ago.

>> Read more trending news 

Middletown police: Beware tree-trimming scam

Published: Wednesday, September 20, 2017 @ 1:03 AM

Middletown police are warning residents of “unscrupulous tree trimmers” who have been taking advantage of elderly people.

The police department posted its warning Tuesday on its Facebook page.

One incident was thwarted, but the culprits were paid in another incident.

Police remind residents that door-to-door solicitors need a permit in the city. Call police if tree trimmers knock on your door uninvited.

>>>2 elderly residents found dead in apparent murder-suicide in Hamilton

Ohio Attorney General Mike DeWine offers tips to avoid tree-trimming scams. Beware of a tree trimmer who:

  • Comes to your door unexpectedly
  • Says your trees are diseased
  • Requires a large down payment
  • Accepts only cash or check
  • Says nothing about your right to cancel
  • Starts work immediately

Sidney businessman accused of not paying people in Piqua

Published: Tuesday, September 19, 2017 @ 11:32 PM

Duaine E. Liette
MIAMI COUNTY JAIL
Duaine E. Liette(MIAMI COUNTY JAIL)

A 57-year-old Sidney businessman is facing numerous felony theft charges after multiple people claimed he hired them to do work but didn’t pay them.

Duaine E. Liette has a preliminary hearing scheduled for Wednesday afternoon in Miami County Municipal Court. He was arraigned Friday on four felony theft charges and three misdemeanor theft counts and was released from custody on his own recognizance.

>>>Crime News: Sidney murder suspect could face life in prison

The cases were related to complaints from June 2015, June 2017 and July 2017, in which people stated they were hired to complete work for Liette but never received payment, according to Piqua police and court records.

Piqua police arrested Liette on Thursday at 1037 Broadway St., in Piqua. The house is owned by Sidney-based real estate company American Land Investments, of which Liette is listed as its principal; the business also has the same address as Liette’s residence, records show.

>>>Trending: Springfield man mailed drugs hidden in Play-Doh

Piqua police are urging anyone else who believe they may be victims to call 937-440-9111.