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Virginia Polytechnic Institute and State University has $2 million in general liability insurance from a state self-insurance pool to respond to any wrongful death claims it might face, said Fred Weaver, director of risk management for the university.
The coverage is provided through the Virginia Treasury Department's Division of Risk Management.
Mr. Weaver acknowledged that the coverage contains some exclusions, but he would not discuss them.
While most insurance policies contain exclusions that bar coverage for claims arising from intentional torts, typically those exclusions apply to acts committed by the policyholder or its employees, noted plaintiffs' attorney Thomas Albro, a partner at Tremblay & Smith L.L.P. in Charlottesville, Va.
But some courts, including those in New York and Delaware, have broadly interpreted an assault and battery exclusion to apply to any losses arising out of such acts, even if the acts were not committed by a policyholder or an employee, said employer attorney Ann Kramer, a partner with Anderson Kill & Olick P.C.