Judge: Insurance Companies Must Pay Out $345 Million to Darlington Sex Abuse Victims
The plaintiffs alleged that
However, those allegations didn't come to light until 2016. The Hidden Predator Act, passed in 2015, allowed the nearly 20 former students and their families to seek a civil penalty for the abuse.
The law allowed a two year window for childhood abuse victims to file a civil lawsuit which would have normally been outside the statute of limitations. Stifflemire has not faced a criminal prosecution in this case and the window to prosecute any alleged crimes has passed.
Each of the defendants has settled. Darlington settled in
But because of those settlements, the plaintiffs were able to seek payment from insurance companies that represented the defendants. The insurance companies denied coverage and sought -- but failed -- to have those claims tossed.
The insurance companies then requested to have Senior Judge
In an order filed
Among other arguments, the insurance companies questioned whether the incidents happened during the coverage period and whether the claims were timely filed.
"The insurance companies have raised several issues that take the position that there is no coverage under their policies because Darlington and Stifflemire settled without permission," Grubbs wrote in her order. "That position is erroneous."
At least one of the companies put forward the argument that sexual abuse isn't considered bodily injury according to their definitions.
In no uncertain terms
"Yes, sexual abuse is bodily injury," she wrote.
The claims awarded to the plaintiffs are:
Now, it's likely those companies will file an appeal, further drawing out an already protracted case.
Judge: Insurance Companies Must Pay Out $345 Million to Darlington Sex Abuse Victims
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