Insurer says its South Berwyn policy doesn't cover alleged abuse case

[troy]

->  http://www.suntimes.com/output/news/cst-nws-berwyn26.html

April 26, 2005

BY STEVE PATTERSON Staff Reporter

The insurance company for the South Berwyn School District says it shouldn't have to pay damages for the actions of a teacher accused of 219 counts of child abuse.

Great American Insurance filed suit Monday, asking a judge to prevent any claims from being made against the policy insuring teachers like Robert Sperlik.

Sperlik is accused of molesting 20 students while he worked as an elementary school teacher.

Parents of many of the victims have filed civil lawsuits demanding damages based on the school's knowledge of some of Sperlik's actions and the school's lack of action against him.

The insurance company's lawsuit, filed in Cook County Circuit Court, points to some of the alleged molestations happening during "private lessons" Sperlik conducted after school in his classroom.

The lawsuit says those actions would go beyond the acts covered by the policy, since they happened after school.


Principal also sued

The suit also claims the bodily injury caused to the students was not "expected or intended" to be among the acts insured.

It also points to one complaint filed as saying that Sperlik admitted to the molestations during an interview with police.

The policy is canceled, it claims, "when any insured admits committing an act or conduct of sexual abuse."

Sperlik, 45, is accused of binding his students to chairs with duct tape, often watching them and sometimes molesting them, while teaching between 1998 and 2003.

Pershing Elementary School Principal Karen Grindle was also charged with failing to report student complaints in 2001.

[T-Stan RPCV]

What does this mean?  Could someone please interpret?  I get the impression that the insurance company is going to bail and the school district (meaning us taxpayers) will get stuck with the bill for defense and damages.  Is this the case or is the insurance co. only leaving Sperlik and the principal to fend for themselves?

Poorly written article, creates more questions than  it answers.

[OakParkSpartan]

I guess my interpretation is the insurance policy doesn't cover liability for criminal acts (at least for sexual abuse).

It also  sounds like it is only in effect during normal school hours, but that begs the question does it cover intramural activities or sports?

[markweiner]

Very poorly written article.  Generally, most insurance policies do not cover intentional acts.  Sexual abuse is definitely an intentional act.  Many times, an insurance company will "reserve their rights" and pay the attorneys, but not necessarily then pay the judgment.

Time will tell. Not surprising, though.

MarkWeiner1@hotmail.com