Insurers refuse defense in Neese civil case

May 06--Insurance companies reiterated that they shouldn't have to provide a defense in the wrongful death lawsuit regarding the murder of Skylar Neese.

Recently, American National Property and Causality Insurance and Erie Insurance Property & Casualty Co. filed a response in federal court to request for judgement. The insurance companies initially filed in federal court asking for an order stating that they don't have to provide a defense in a local case.

In Monongalia County Circuit Court, Dave and Mary Neese filed a civil lawsuit against Skylar's killers Shelia Eddy and Rachel Shoaf and their mothers Tara Clendenen and Patricia Shoaf.

According to the initial lawsuit, the two killers maliciously and deliberately murdered Skylar. As a result, the family suffered mental anguish, the loss of expected income and other damages. The suit also alleges the two mothers were negligent and provided the weapons and opportunity to harm Skylar Neese.

Rachel Shoaf and Sheila Eddy admitted to the 2012 murder of Skylar. They picked her up from her Star City residence, and the three went to Pennsylvania, where Shoaf and Eddy attacked and stabbed Skylar to death. It wasn't until Shoaf confessed to police months late that Skylar's remains were found.

Eddy pleaded guilty to first-degree murder and was sentenced to life in prison, though she will be parole-eligible after 15 years. Shoaf pleaded guilty to second-degree murder and was sentenced to 30 years in prison, though she will be eligible for parole after 10 years. Both girls are currently housed in the Lakin Correctional Center in West Columbia.

According to the newest filing: There is no language in the agreements that provides coverage for the defendants for the murder. Skylar's death was the result of the intentional and criminal acts of Eddy and Shoaf. Without those acts, there would be no bodily injury to the victim.

The harm to Skylar was caused by Shoaf and Neese and not because of some negligent act.

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