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With Sandusky conviction, Penn State seeks resolution of claims

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With Sandusky conviction, Penn State seeks resolution of claims

STATE COLLEGE, Pa.—Following the conviction of former Pennsylvania State University Assistant Football Coach Gerald A. Sandusky of child sexual abuse, Penn State has urged victims to participate in a program to resolve claims against the school resulting from Mr. Sandusky's conduct.

Penn State plans to invite victims to participate in the program, which aims to quickly address their concerns and compensate them for claims related to the university, the State College, Pa.-based school said Friday in a statement following Mr. Sandusky's conviction.

Mr. Sandusky was found guilty of 45 of the 48 sex-related counts for child sexual abuse involving 10 victims over 18 years, often on Penn State property.

“Now that the jury has spoken, the university wants to continue that dialogue and do its part to help victims continue their path forward,” Penn State President Rodney Erickson said in the statement.

“The purpose of the program is simple—the university wants to provide a forum where the university can privately, expeditiously and fairly address the victims' concerns and compensate them for claims relating to the university,” he said.

The first civil lawsuit was filed in November alleging that the university knew of and failed to prevent Mr. Sandusky's sexual misconduct.

According to news reports, eight of the known victims have hired attorneys to explore civil litigation against Penn State.

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Penn State's commercial general liability insurer, Pennsylvania Manufacturers' Assn. Insurance Co., in January filed for declaratory judgment that Penn State is not entitled to coverage and a defense under certain policies issued by the Blue Bell, Pa.-based insurer. Penn State countersued PMA for refusal to provide coverage in connection with the November civil lawsuit.

With an operating budget of $4.5 billion in 2011, Penn State may face unlimited liability in civil litigation because it may not be able to invoke sovereign immunity, which protects state entities and employees from tort claims and imposes limits on liabilities, experts say.

Penn State has a captive insurer, Nittany Insurance Co., that it formed in Vermont in 1993. Coverage provided by the captive includes general and professional liability, according to Penn State's website.

The university said it expects its general liability and directors and officers insurance policies to cover the defense claims brought against the school, its officers, employees and trustees.

If funds to pay claims and legal costs are exhausted, other sources of revenue other than alumni donations, student tuition and taxpayer money will be used, according to the university's website.

“Legal and other expenses not covered by insurance are expected to be funded from interest revenues related to loans made by the University to its self-supporting units,” Penn State said.

As of Feb. 29, Penn State had paid more than $7.5 million in legal fees, consulting services and public relations firms in addressing the child sexual abuse scandal, according to the university's website.

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