Insurance company: Housing Authority responsible for $2.7 mil
By Chris Harris, Commonwealth Journal, Somerset, Ky. | |
McClatchy-Tribune Information Services |
The case relates to a court decision from last October, which dealt with the 2009 death of 17-year-old
In that ruling, a jury determined that the Housing Authority failed to exercise proper care in maintaining safe conditions, and awarded the family of the victims a total of
Now,
The complaint for declaratory judgment was filed
The suit states that the Housing Authority is part of a risk management pool which is self-insured up to a retained limit of
"'Coverage Part A' provides excess insurance for 'bodily injury' for which the Housing Authority becomes liable," reads the complaint. "The limits of excess insurance under 'Coverage Part A' are
"Claimants have asserted that the Housing Authority has become liable for both 'bodily injury' within the meaning of the policy and 'wrongful acts under the Policy ... such that coverage is available for both Coverage Part A and Coverage Part B. Claimants have also asserted that the single falling tree constitutes three separate occurrences, since the single falling tree injured three different persons," continues the complaint. "Claimants have taken the position, therefore, that there is
However, states the complaint, the policy held by the Housing Authority states that the same claim or suit cannot give rise to coverage under both "Part A" and "Part B," and that only the coverage part with the higher limits for each occurrence would apply.
The insurance firm contends that the falling tree constitutes a single occurrence under the policy and that Part B would not apply in this particular case.
"Since Evanston contends that coverage under the Policy is limited to
As such,
On
A large red maple tree, approximately 39 inches in diameter, toppled over and struck the victims, resulting in the deaths of Griffin and Steele and injuries to Thacker.
Damages award distribution included:
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(c)2014 the Commonwealth Journal (Somerset, Ky.)
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