August 29, 2014 at 4:29 p.m.
Judge OKs arguments over liability insurance in England case
Judge OKs arguments over liability insurance in England case
By Jonathan Anderson-janderson@lakelandtimes.com
Earlier this month, U.S. District Judge James Peterson granted a motion from Wisconsin County Mutual Insurance Company to intervene in the suit, filed against Oneida County and England by the family of the deceased person.
The suit alleges, among other things, that England and the county deprived the family of their property interest in the deceased person's body, destroyed or abused the body, caused negligent infliction of severe emotional distress and acted negligently.
County Mutual initially determined that it had a duty to defend England under the county's liability policy, and the company hired a lawyer to represent her. But in March, County Mutual sought to intervene in the suit and argued that the alleged actions England is being sued for were not committed within the scope of her employment with the county, and that therefore it does not have to pay her defense costs.
County Mutual also sought to put the case on hold until the liability issues could be resolved.
On Aug. 7, Peterson allowed County Mutual to intervene, noting that the company followed a procedure that state courts have recognized as appropriate for determining liability coverage.
"This procedure protects the insurance company from exposure to damages beyond its policy limits in the event that the underlying claim turns out to be covered, and it also prevents the insurance company from having to fund a defense to a claim that it may not be obligated to pay under the terms of the insurance contract," Peterson's ruling reads.
But Peterson denied the insurance company's request to temporarily halt litigation over the central claims. He said that would cause substantial delay and noted concerns raised by the plaintiffs.
"As plaintiffs note, bifurcation and stay will delay resolution of their claims against England," Peterson wrote. "Because definitive resolution of the coverage issue might include resolution of an appeal of this court's coverage decision, the delay caused by bifurcation and stay might well be considerable."
Whether or not England is covered under the insurance policy is important because County Mutual is effectively publicly funded. Records show Oneida County has paid hundreds of thousands of dollars in premiums to County Mutual in at least the past few years for the liability policy; the county must also pay a $10,000 deductible because of the lawsuit. All of that money comes from the county's property tax levy.
If a court concludes that England is not covered under the county's insurance policy, then she could have to pay for her own attorney in the case and for any judgments against her.
England wrote to the court in May saying she has no money to retain a lawyer.
The lawsuit stems from criminal charges filed against England in 2012 alleging she used human remains without permission to train her dog to search for corpses, and for a law enforcement exercise. She has since been sentenced to one year in jail for misconduct in public office.
Both England and the county have either denied all of the family's principal legal claims or have asserted insufficient knowledge about the claims.
The family's lawsuit seeks unspecified damages.
Jonathan Anderson may be reached at janderson@lakelandtimes.com
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