Insurer: Sheriff has no coverage for some claims in blogger lawsuit

Feb. 02--If a blogger's federal lawsuit against Sheriff Ana Franklin and two deputies results in a verdict involving punitive damages or damages for illegal acts, an insurance carrier argued in a federal court motion it should not have to provide coverage.

The motion was filed Tuesday by the Association of County Commissions of Alabama Liability Self-Insurance Fund Inc., which is involved in the defense of Franklin and the others. It said there is no coverage for some of the claims Lockhart has made against Franklin and deputies Blake Robinson and Robert "Bones" Wilson.

The motion to intervene says the law enforcement liability coverage applies only to bodily or personal injury, or property damage caused by legal law enforcement activities.

"Punitive damages are explicitly excluded from coverage under this coverage part, so the defendants are not owed any indemnity from the fund under this coverage part for any award of punitive damages," Stewart Howard, a Mobile attorney for the association, said in the filing.

The motion said that among issues insurance would not cover are compensatory damages related to illegal acts committed by the defendants or by anyone instructed to commit an illegal act by the defendants, actions taken outside their official scope of duties, or property damage to Lockhart's property while in the sheriff's possession.

Morgan County Commission Chairman Ray Long said he was not aware of the association's recent motion. Long doesn't think the county would have to pay any damages from the lawsuit that are not covered by insurance.

"I wouldn't think so, since we're not part of the lawsuit," Long said, adding that he is not a lawyer.

He said insurance coverage applies to officials acting in their official capacities, but not as individuals.

Lockhart's lawsuit was filed against Franklin, Robinson and Wilson as individuals and in their official capacities.

Morgan County is not named as a defendant. Long said County Attorney David Langston is not participating in the defense of the lawsuit.

The county commissions association provides liability insurance to the county through Meadowbrook Insurance Group, which is defending Franklin and the others in the lawsuit.

Meadowbrook's attorney, Randall McNeill of Montgomery, does not comment on pending litigation. Howard did not return a phone message Tuesday seeking comment. Brice Johnston, Lockhart's lawyer from Birmingham, had no comment on the motion.

U.S. District Judge Madeline Hughes Haikala had not ruled on the motion late Wednesday afternoon.

Stewart's motion asks Haikala to allow the county commissions group to participate in limited pre-trial discovery to determine which claims are covered by insurance.

It also asks that the association be allowed to submit written questions and verdict forms to the jury to resolve any coverage issues if the jury returns a verdict for Lockhart. The questions would be given to jury members only after a verdict is reached.

Lockhart filed the federal lawsuit Oct. 16 after deputies searched her business, Straightline Drywall and Acoustical in Falkville, and seized several computers and related items. She claims that Franklin is attempting to suppress her First Amendment rights because of the Morgan County Whistleblower internet blog that Lockhart operates.

Lockhart also claims the search warrant was illegally obtained, her company's computer equipment was damaged, eavesdropping software was wrongfully placed on her computers, that Franklin has slandered her, and that she has suffered mental anguish over the matter.

Franklin has denied all of Lockhart's claims.

Franklin has said her office is conducting a criminal investigation of Lockhart and Leon Bradley, the Morgan County Jail warden Franklin fired Oct. 13 for alleged computer tampering.

Bradley was fired for improperly releasing and sharing confidential records and information about the Sheriff's Office with Lockhart, Franklin has said.

No arrests have been made in the Lockhart and Bradley investigation.

keith.clines@decaturdaily.com or 256-340-2438. Twitter @DD_KeithClines.

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