A risk pool in Idaho County must defend the city of Idaho Falls and its police officers in disputes arising in connection with the imprisonment of an innocent man for rape and murder, a court ruled.
In May 1998, a jury handed down a guilty verdict against Christopher Conley Tapp for a woman's rape and murder in 1996, and he remained in prison until 2017, when he was released and another man convicted of the crimes, according to last week's verdict of Idaho Falls State Court Idaho Counties Risk Management Program Underwriters Vs. City of Idaho Falls, et al.
In October 2020, Tapp filed a lawsuit against several men who had been police officers in Idaho Falls and the city at federal district court in connection with his experience.
The Boise-based Idaho Counties Risk Management Program Underwriters filed a lawsuit in the Idaho Falls court, requesting a declaration that it had no obligation to defend the city and police in the disputes. [1
However, a policy provision "only requires a personal injury during the insurance period", the judgment states. the policy provides coverage to the city for all damages that it is liable to pay for such personal injuries "during the insurance period, regardless of when the personal injuries first occurred", it was stated in the judgment.
According to the verdict, there is coverage for acts committed under the police's duties "as long as such acts were not committed with malice or criminal intent."
The accusations made by Tapp in his trial include ruthless, ruthless, grossly negligent, negligent and / or intentionally indifferent acts and omissions ", the decision stated.
" It is clear that some allegations in the complaint invoke coverage and an obligation to defend while others do not.… The fact that certain allegations of non-policy conduct do not defeat the obligation to defend, "the court said, denying the pool's request for summary judgment.
Alexander T. Brown, partner with Lathrop GPM in Kansas City, Missouri, representing Mr. Tapp, said that the verdict joins others who make coverage available "from the first arrest through the final release – and thereby helps the future da exonerees and assured civil rights to justify their respective rights. "
Lawyers for the risk pool and the city did not respond to requests for comment.
In 2019, a federal appellate court upheld a lower court ruling and ruled that a Traveler Cos. Inc. Unit and Scottsdale Insurance Co. were required to defend a Mississippi county in a case in which three men were wrongly convicted of raping and murdering a woman in 1979. Lathrop Gage LLC represented the men's estate in the case. Catalog