University accused in kidnapping sues to win defense from Hanover
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Liberty University's law school has sued Hanover Insurance Co. seeking defense coverage as the school faces racketeering charges in the alleged kidnapping of a 10-year-old girl.
The lawsuit filed Tuesday in U.S. District Court for the Western District of Virginia in Lynchburg, Va., against the Lynchburg-based university seeks a declaratory judgment that Hanover and its affiliate insurers denied coverage under the university's commercial general liability, umbrella liability, and school and educators endorsement policies, according to court documents.
The university's law school was named in a 2012 lawsuit filed in U.S. District Court in Burlington, Vt., by Janet Jenkins, who alleged that the school aided in the kidnapping of Isabella Miller by Lisa Miller. The suit accuses the university of racketeering, intentional tort of kidnapping, conspiracy to violate civil rights, and neglect to prevent.
The women were in the midst of a same-sex custody battle over the child when Ms. Miller took Isabella to Nicaragua, allegedly with help from attorneys and individuals affiliated with the university, according to court documents.
When the school notified its insurer of Ms. Jenkins' complaint, Worcester, Mass.-based Hanover denied coverage because the suit did not claim bodily injury, property damage, and personal or advertising injury, which are among provisions required to trigger coverage in the policies.
Hanover also denied coverage under the school and educators liability endorsement on grounds that any wrongful act arose out of willful violation of the law by the insured, according to court documents.
But in its Tuesday suit, the university sought a declaratory judgment on grounds that emotional distress qualifies as bodily injury.
Liberty University is seeking a defense and indemnity from Hanover against claims against the school in Ms. Jenkins' complaint.
Hanover did not immediately respond to requests for comment.
