Insurance Company For Private Investigator Fighting To Avoid Paying In Guilford Teen Ethan Song’s Shooting Death

Oct. 01--An insurance company representing the private investigator whose gun was used in the death of Guilford teenager Ethan Song wants a federal court to absolve it from having to pay any potential lawsuit settlement against him.

The Arch Insurance Company filed the lawsuit in U.S. District Court. It does not want to cover Daniel Markle, who owns a private investigation firm that it insures. The company is arguing that the shooting of Ethan had nothing to do with Markle's business and therefore it shouldn't have to pay any damages from a lawsuit filed in state court by Ethan's parents. Markle owned the gun used in the shooting.

Ethan, who was 15, died from a single gunshot wound to the head on Jan. 31 inside a Seaside Avenue home. Markle was living in the house with his son, who was friends with Ethan. The two boys were the only ones in the house at the time of the shooting, according to authorities. Markle is the son of former New Haven prosecutor Arnold Markle

What isn't known, at least publicly, is who fired the gun and under what circumstances.

Chief State Medical Examiner Dr. James Gill confirmed in May that Ethan died of a gunshot wound, but ruled, based on the evidence he had at the time, that he couldn't pinpoint the manner of death -- whether it was a homicide, suicide or accident. Gill has said barring new information, the manner of death will remain undetermined.

Sources familiar with the investigation said that gunshot residue tests were done on both boys, but that it is still unclear who fired the gun. Experts have questioned the reliability of those tests because gunshot residue can get on a person who fires a gun, but also on another person who is close by.

Authorities are looking into how the two teens got access to the gun. Under state law, it is a Class D felony to improperly store a firearm or to leave it where a minor could get access to it and use it in a shooting.

No charges have been filed against Markle.

A few months after their son's death, Kristin M. Song and Michael Song filed a civil lawsuit alleging that Markle was negligent in that he "unsafely stored and/or kept a loaded gun on the premises when he knew or should have known that a minor was likely to gain access to the gun."

The lawsuit, which also names Markle's firm, Markle Investigations, alleges that Markle failed to instruct his son on gun safety, failed to warn visitors that there was a loaded gun in the house, and failed to provide a warning to the parents of minors visiting the house.

In its filing in federal court, Arch argues that since the shooting didn't take place at Markle's business address in North Haven it shouldn't have to cover liability for the shooting

Kristin and Michael Song have been named as defendants in the lawsuit. Their attorney, Robert Adelman, said they will fight the insurance company's efforts to avoid paying.

"They are arguing that Dan Markle having guns in his house wasn't part of his business but a gun is a necessary part of his ... business and he clearly needs one to do it, " Adelman said.

The Arch Insurance lawsuit estimates that the parents' suit will cost Markle more than $75,000.

___

(c)2018 The Hartford Courant (Hartford, Conn.)

Visit The Hartford Courant (Hartford, Conn.) at www.courant.com

Distributed by Tribune Content Agency, LLC.