I wonder if this might have any implications for Urbana?
The insurer's complaint points to parts of the Normal school district's insurance plan, and states that it should not have to insure White in the matter partly because the incidents "occurred during a prior policy period" and that the Normal defendants knew "'sexual misconduct or sexual molestation' had occurred or begun to occur, in whole or in part prior to the 2005 and 2006 policy years," among other policies and exclusions cited in the complaint.
Champaign lawyer Howard Small has worked on many insurance cases, though not this one. He said insurance companies list all possible reasons the allegations might not fit the coverage because it is possible that if the court determines any one broad exclusion applies, the insurance company doesn't have to pay for damages or legal representation in that situation. "They list them all on a shotgun basis and hope something sticks to the wall," he said.
Hope Nightingale of the Litchfield Cavo law office in Chicago, which represents the insurer, said the complaint is not "a comment whatsoever that the allegations are true, but assuming they are true, those claims are not" covered by the insurance company. She said Illinois law requires that the company assume the allegations are true.
Nightingale said whether insurance would pay for any possible damages could be decided before the civil suit is decided.
The McLean County Unit 5 school district's attorney, Dennis Triggs of the Peoria firm of Miller, Hall & Triggs, was on vacation. His colleague Curt Richardson was not available Wednesday afternoon.
Small said it is common for insurance companies to seek declaratory judgments against an intentional "wrongdoer" like White. "These are supposed to be accident policies. That's not really in the spirit of a coverage," he said.
Everyone wants out of the White Suits.
http://www.clipartof.com/images/clipart/xsmall2/5840_insane_man_in_a_strait_jacket_and_padded_room.jpg
This is understandable. It is consistent with what the plaintiffs are saying. The school districts knew about the sexual predator and tried to keep it secret. As a result, more children were raped. And folks, don't kid yourselves. He wasn't using a banana. There was semen found on the blindfolds in his room. Had Normal schools told their insurer (and DCFS) when they fired him they would still be covered by insurance and nobody would have been raped in Urbana.