West Virginia Record

Friday, November 15, 2019

Insurance company alleges Alderson Broaddus breached agreement

Lawsuits

By Noddy A. Fernandez | Aug 27, 2018

Insurance 11

ELKINS — An insurance company is suing a Barbour County university, alleging breach of contract.

Federal Insurance Company filed a complaint in U.S. District Court for the Northern District of West Virginia Elkins Division against Alderson Broaddus University Inc, Collins Murphy, Kristine Burnside, Cayla Rhodes, Erica Brooks and Emily Sarver, alleging the defendants breached the insurance contract for filling claims for emotional harm damages, which was not covered under the policy.

According to the complaint, on May 16, 2016, Federal Insurance acknowledged receipt of the submitted filed claims by the defendants but denied coverage as the policy excluded sexual behavior and only covers personal injury wrongful acts. 

Federal Insurance alleges Murphy took nude photographs with a hidden camera, without permission, and distributed them to at least one individual, putting it under sexual behavior conduct and should not be liable for any insurance coverage. 

The plaintiff alleges the defendants sought insurance coverage to which they are not covered after receiving a civil action complaint of alleged sexual conduct.

Federal Insurance seeks trial by jury, declare that the policy does not provide coverage for any claims in the civil action complaint, and and all appropriate, just andr proper relief. It is represented by attorneys Thomas P. Mannion and Ftemkos J. Yianne of Leis Brisbois Bisgaard & Smith LLP in Charleston.

U.S. District Court for the Northern District of West Virginia Elkins Division case number 2:18-cv-00052-JPB

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Lewis Brisbois Bisgaard & Smith LLPU.S. District Court for the Northern District of West Virginia Elkins Division

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