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    Insurer for Sandusky charity argues payouts

    By MARK SCOLFORO | Associated Press – Fri, Dec 23, 2011

    HARRISBURG, Pa. (AP) — An insurance company for a charity founded by Jerry Sandusky argued in a federal complaint Friday that it should not have to pay legal expenses or claims for the former Penn State assistant football coach now accused of molesting children.

    Federal Insurance Co. said it would be wrong for the company to have to cover Sandusky because he is accused of conduct that did not involve his position as an executive or employee of The Second Mile, a charity for at-risk youth he founded in 1977.

    In addition, "Pennsylvania courts have found that a person who sexually abuses a minor should not expect his insurer to cover his misconduct, particularly where the average insured purchasing insurance would cringe at the very suggestion that he was paying for coverage arising out of sexual abuse of a child," lawyers for the New Jersey-based company wrote.

    Sandusky is charged with sexually abusing 10 boys over more than a decade. He has denied the allegations and is awaiting trial in Centre County after waiving a preliminary hearing earlier this month.

    His criminal defense lawyer, Joe Amendola, said Friday he had not seen the complaint, filed in federal court in Williamsport. Amendola said Sandusky was served Wednesday with a lawsuit filed in Philadelphia by one alleged victim and was getting a different lawyer to represent him in civil cases.

    "I can say it's not unexpected that the insurance carrier would attempt to get out from under representing Jerry," Amendola said.

    Dennis Mulvihill, a lawyer for Federal Insurance, referred questions to Mark Greenberg, the company's chief information officer. Greenberg did not immediately return a message left at his office after hours Friday.

    A spokesman for The Second Mile said the matter was between Federal and Sandusky, and declined further comment.

    The complaint asks the court to rule that Federal has no obligation to pay Sandusky's criminal defense costs or to indemnify him for civil or criminal claims related to alleged sexual abuse of children.

    "Extending insurance coverage to Sandusky is unlawful because providing insurance coverage for claims arising from sexual assault, molestation, and/or abuse of minors is repugnant to Pennsylvania public policy," according to the complaint.

    Amendola said Sandusky has not sought coverage regarding the criminal case.

     
    • Joel
      Joel  •  New Haven, Michigan  •  5 mths ago
      this dude just keeps getting creepier and creepier.
      • Starscream
        Starscream 5 mths ago
        just like christians obsession with tim tebow
      • gordito
        gordito 5 mths ago
        All kid molesters are creepy and when confronted they get creepier and creepier. The connection to Tebow is something I do not get. Not a christian but simple praying is not creepy. Even in public. It is just annoying.
      • gordito
        gordito 5 mths ago
        All kid molesters are creepy and when confronted they get creepier and creepier. The connection to Tebow is something I do not get. Not a christian but simple praying is not creepy. Even in public. It is just annoying.
    • Andrewc23
      Andrewc23  •  Philadelphia, Pennsylvania  •  5 mths ago
      From a legal stand point, I think many people are missing how most company/organization insurance policies work. All insurance company's pay for legal bills of officers of a company or organization. I was the President of a local fire company and we met yearly with the insurance company and each officer of the company was personally part of the global representation of the policy. For example, if we made a decision and then were sued, the insurance company would not only represent us but would be responsible for any monetary judgement against us. What they are saying here, and I probably agree, is that their representation shouldn't be extended to include such heinous acts as child molestation and therefore should be relieved of having to pay and/or represent him.
      • Neutral
        Neutral 5 mths ago
        That is a good post, but I'll play devil's advocate:

        All you say is accurate about officers; however, is it not extremely dangerous grounds to let insurance companies pick and choose whom they will defend?? What if this guys offense was gross negligence while intoxicated that caused a bunch of kids too die?? Would it be 'okay' to defend him since Americans tolerate/promote heavy drinking???

        You could get into all sorts of nuances, such as religion, mental health...
      • Paul R
        Paul R 5 mths ago
        If the injuries were caused through non-criminal negligence or simple accidents, then Federal would have to honor the policy. In this case, I think it entirely reasonable for a judge to rule in Federal's favor. They should not be asked to destroy their business by supporting a raping pedophile. The public perception of Federal will then be that they support pedophilia. This request should be granted as a one-in-a-million dispensation, so Neutral's fears are irrelevant. Afterward, if another company tries to do this, the judge will probably rule that a questionable technicality to save the insurance company from paying out is a far cry from pedophiliac rape.
      • Greg
        Greg 5 mths ago
        I responded to one of your other posts. Your employer's insurance policy generally covers you when you're within the scope of your job, as you stated in your personal example. Sandusky's job at the charity was not to molest boys.
    • Brian
      Brian  •  San Antonio, Texas  •  5 mths ago
      "lawyers for the New Jersey-based company wrote."

      A lawyer will argue that the world is flat if you pay him to do so - and his meter will be running all the time.
      • Bob
        Bob 5 mths ago
        "Lawyers", a big part of the reason America is no longer as strong as she once was!
    • A Yahoo! User  •  5 mths ago
      Insurance is for a group of similar people with a common risk. Such as fire in a house or an auto accident. I know of no group that insures for molestation.
      • TheKhanvict
        TheKhanvict 5 mths ago
        True, but what about defense of the accused? I mean I think Sandusky is guilty, but let's just say for a second he might be innocent, shouldn't his insurance company pay for the lawyer to defend him and then if he is found guilty then they can drop him.
      • asparticus
        asparticus 5 mths ago
        What insurance company pays for your legal bills? I've never heard of this. So can I get insurance in case I get accused of being a serial killer? I really never heard of such a thing. The company has no liability. Can the people who lived through the World Trade Center bombing sue the insurance company of that place because of what happened? This is crazy.
      • Andrewc23
        Andrewc23 5 mths ago
        All insurance company's pay for legal bills of officers of a company or organization. I was the President of a local fire company and we met yearly with the fire company and each officer of the company was personally part of the global representation of the policy. For example, if we made a decision and then were sued, the insurance company would not only represent us but would be responsible for any monetary judgement against us. What they are doing here, and I probably agree, is that they shouldn't be held their representation shouldn't be extended to include such heinous acts as child molestation and therefore should be relieved of having to pay and/or represent him.
    • Harold
      Harold  •  Raleigh, North Carolina  •  5 mths ago
      Sexual Abuse is an intentional act and not an accident or occurrence as required in a Liability Insurance policy before pay out is made. I agree with the insurer here and anyone who understands an insurance contract would also have to agree. Insurance is not available to reward criminal acts that are done intentionally.
      • deniseb
        deniseb 5 mths ago
        Insurance does not sell policies to provide coverage for criminal acts.
      • WILLIAM
        WILLIAM 5 mths ago
        i totaly agree, insurance company should not have to pay
      • James W
        James W 5 mths ago
        The insurance policy is to "cover crimes" it's most likely to cover malfeasance -

        the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust). They need to pay up.
    • Dale
      Dale  •  5 mths ago
      Insurance companies only insure against things that don't happen.
    • Glenda
      Glenda  •  Miami, Florida  •  5 mths ago
      So he took out insurance for his acts?
    • Michael F
      Michael F  •  5 mths ago
      What kind of insurance would cover a crime ?
    • legalize420
      legalize420  •  5 mths ago
      Sandusky shoulds do the world a favor and put a bullet in his own miserable head,but he's too much of a coward to do that.
    • Fall
      Fall  •  5 mths ago
      Good! Sandusky may you lose EVERY penny you have to cover your legal fees! You so deserve it! Glad your attorney fees alone (even before the civil suits) will leave you penniless! You're already morally bankrupt! You shouldn't feel a thing! FREAK! Way to go Federal!
    • William
      William  •  Kansas City, Missouri  •  5 mths ago
      How can anyone sue an insurance company before the accused has been convicted? Am I missing something?
    • Justa thought
      Justa thought  •  5 mths ago
      It's OK, everybody. Sandusky has renounced his past life and will now become a priest....
    • Just Doc
      Just Doc  •  5 mths ago
      He apparently did not have the rider for child molestation on his policy nor did he have the one that covers the cost of the electric chair that gonna fry him,O well!
    • Ardo
      Ardo  •  5 mths ago
      I would have to agree with the Insurance Company on this issue. The policy probably dictates that the specific coverage purchased would be for Accidents on the Insured's property. Not intentional ILLEGAL Behavior on the part of the person.
    • A Yahoo! User  •  Burke, Virginia  •  5 mths ago
      Why should they have to pay for it? This was a criminal action, not some unforeseen liability from an accident or mistake in judgement of him carrying out his job responsibilties. Having an insurance company pay shows NO ONE anything and it certainly doesn't impact the source of the problem. If he had robbed a bank and shot someone, I would expect the same result. I realize everyone wants to be compensated for being hurt, but pulling it from innocent folks makes no sense. Take if from the criminal. It's like the charity...if you think others there knew about it SUE THEM. Take the charities money and donate it to others in need, this wasn't there cash to begin with. It was donations to help others. Not some imaginary dollar sign floating in the sky.
    • jeff
      jeff  •  5 mths ago
      Sandusky was not on Second Chance property and not working in any capacity for Second Chance so there is no legal grounds for them to cover his attorney fees and court costs. A lot of the molestations occurred at his home, others occurred at Penn State, neither of which is property owned or leased by second Chance. The judge should rule in favor of Second Chance and revoke Sandusky's bail. He is a danger to any child while he is free to walk the streets. I'm sure he has a couple million saved from his 6 figure salary at Penn State making him a flight risk on top of everything.
    • Colonel
      Colonel  •  New York, New York  •  5 mths ago
      Die Jerry so as to spare Pennsylvania taxpayers a fortune in litigation and eventual incarceration of your disgusting being. Better still live--Bubba and the bros need a new punching bag.
    • gsr
      gsr  •  Dayton, Ohio  •  5 mths ago
      Imagine an insurance company trying to wiggle out of paying, now that's a novelty
    • Tired_of_the_Nonsense
      Tired_of_the_Nonsense  •  5 mths ago
      The insurance company should not be liable for the actions of sanDOUCHEski, other than up to the limits of the premiums paid, but absolutely no more. sanDOUCHEski, mcQUEERy, paTURDno, and all the rest can end up broke and homeless to clean up the rest of this mess. Penn State isn't off the hook either. It also benefited from all these #$%$ sucking POS's keeping this hush-hush. And, what about this $500K per year that paTURDno is going to get in retirement FROM A PUBLIC INSTITUTION? This is obscene. Furthermore, his contract allows that he get paid the average of his highest 3 years' salary. As it turns out, the highest three years occurred during this time when he kept quiet about sanDOUCHEski raping boys in the locker room and at his house. Doesn't his employment contract have any language in it about him being involved in felony activity? If not, the whole board of idiot directors should be stepping down too. Every student at Penn St should be looking for a new university to attend. That place stinks to the very top.
    • Ecco
      Ecco  •  Verona, New Jersey  •  5 mths ago
      No Insurance company in the World should be held accountable for what this bitter angry man did.He should lose everything thing he owns, including his pension, how dare u think that anyone else should pay for YOUR CriMe..... You abused Children U #$%$%$#%$#% I can't wait for Buba to get Ur AS#%#$%#$!!! Please don't forget to drop the soap...Happy New Year!
     Post a comment
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