March 7, 2014 at 1:38 p.m.
Twist in lawsuit against county, former medical examiner
Insurer seeks court order declaring England not covered under policy
Twist in lawsuit against county, former medical examiner
On Thursday, Wisconsin County Mutual Insurance Corporation, which the county holds a liability policy with, asked to intervene in the family's civil suit against England and the county, and sought a court order declaring it has no obligation to pay for her lawyer in the case.
The action comes exactly a week after County Mutual sent a letter to England saying it was "agreeable to provide a defense to you" subject to the terms of the liability policy, and more than a month since County Mutual hired a lawyer to represent England.
Whether County Mutual has reversed its position to defend England or intended all along to seek judicial review of her coverage under the county's liability policy is unclear. In a court filing, an attorney for the insurer cites a state Supreme Court opinion that says the proper procedure to follow when insurance coverage is disputed "is to request a bifurcated trial on the issues of coverage and liability and move to stay any proceedings on liability until the issue is resolved. When this procedure is followed, the insurance company runs no risk of breaching its duty to defend."
But lawyers for the county, whom County Mutual also hired, argued in court documents last month that the alleged actions England is being sued for were not committed within the scope of her employment with the county - raising questions about why County Mutual initially hired an attorney for England.
Whether or not England is covered under the insurance policy is important for several reasons. County Mutual, which is paying England's defense costs at present, is 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.
Further, 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.
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.
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.
Oneida County Corporation Counsel Brian Desmond and England's attorney did not immediately respond to requests for comment.
Jonathan Anderson may be reached at [email protected].
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