Insurers may defend Neese killers’ moms

March 03--Insurance companies may have to provide a defense for the mothers of Skylar Neese's killers, but not the murderers themselves, according to a federal court order.

This week, U.S. District Judge for the Northern District of West Virginia Irene Keeley issued a written order in a federal case brought by auto and homeowner insurance providers tied to a civil case over the death of Skylar.

In July 2012, Skylar left her Star City home and met with Rachel Shoaf and Shelia Eddy. The three drove to the Blacksville area, where Eddy and Shoaf attacked and stabbed Skylar to death. They left her body in a wooded area. Shoaf confessed six months later and led police to Skylar's remains.

Shoaf pleaded guilty to second-degree murder and was sentenced to 30 years in prison. Eddy pleaded guilty to first-degree murder and was sentenced to life in prison with mercy, which makes her parole eligible after 15 years. Both are housed at the Lakin Correctional Center in West Columbia.

In 2014, Skylar's parents, Mary and Dave Neese, filed a civil suit in Monongalia County Circuit Court against the killers and Tara Clendenen, Shelia's mother; and Patricia Shoaf, Rachel's mother.

Insurance providers filed a request in federal court asking for an order stating they don't have to provide a defense in the circuit court case.

In her ruling, Keeley found that the insurance providers will have to give a defense for the mothers -- unless an exception applies. There were questions whether they would have to provide a defense as if an "occurrence" triggered their policies. The insurance companies argued there was no "occurrence" because Skylar's death was not accidental.

However, Keeley cited older cases that defined an accident as an unusual, unexpected or unforeseen event. Since the mothers did not knowingly help their daughters or commit the crime, the definition of "occurrence" was met, as it relates to them.

There are exceptions and one involves language related to the providers not having to give coverage if criminal acts were committed. Keeley found ambiguity in that policy language and referred the issue to the West Virginia Supreme Court for ruling.

The insurance providers will not have to provide a defense for either Shelia Eddy or Rachel Shoaf in the civil case. Nor will an insurance provider have to provide coverage under a portion of personal injury in its agreement with both Shoafs. None of the four defendants are allowed coverage by auto insurance providers.

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