Reply to Teacher shot at Newport News elementary school

Forum Index » VA Public Schools other than FCPS

Reply to "Teacher shot at Newport News elementary school"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]https://www.nbcnews.com/news/us-news/abigail-zwerner-wins-10-million-lawsuit-shot-6-year-old-virginia-schoo-rcna240892

[quote]On paper, this civil verdict against Parker should be paid for by the Virginia Risk Sharing Association (VRSA), an insurance pool made up of many public bodies statewide, including the Newport News School Board.

But if Parker is found guilty of crimes tied to this 2023 shooting, insurance issuers could have a strong case to absolve themselves from having to pay Zwerner.

Managers of the insurance pool could argue that with a guilty verdict in hand, criminal action by the defendant took the school employee out of their purview, said University of Richmond law professor Jack Preis.

[b]“There’s times in which the courts will say, ‘Listen, you’ve effectively misbehaved so much that you’ve lost your job, you’ve left your job for that moment, and therefore we’re not responsible for covering anything because you essentially abdicated your role,’” Preis told NBC News.[/b]

But even if Parker were convicted of criminal charges directly tied to the shooting, Preis said insurance managers might feel pressure to compensate Zwerner.

The law school professor likened this potential scenario to a parent paying for their 17-year-old boy causing damage by egging a house on Halloween night.

“That’s his [the teenager’s] fault. I’m not liable for that and I don’t bear responsibility,” Preis said.

“But I might just decide that, ‘You know what, it’s my kid and he shouldn’t have been doing that. It’s not technically my fault, but someone else out there suffered $500 worth of harm and I should just go ahead and cover it.’ Here, someone might say, ‘I want the plaintiff, the victim, to have some compensation.’”[/quote][/quote]
Do car insurance providers refuse to pay car crash victims after the policy holder is convicted of a DUI?[/quote]

what does car insurance have to do with this? literally nothing. in every case, [b]the payments made by insurance would be dictated by the terms of the individual policy.[/b] [/quote]
Yes, and like most other liability policies, it will pay. [/quote]

It’s literally the point of liability insurance. The insured is determined to be at fault for some type of damage.[/quote]

What you're missing is that each insurance policy, including liability insurance policies, have exclusions.  And, if an exclusion applies, even if the insured is at fault, the policy will not pay.  In the event that the defendant, the AP, is found guilty of a crime in connection with the alleged liability, the policy may not have to pay.  There are also other defenses that are still hanging out there (ie, workers' compensation exclusive remedy) and there are defenses that have not yet been raised.  This case is far from over.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics