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News and commentary about the anti-gay lobbyJuly 13th, 2015
Jerry Falwell’s Liberty University added a law department in 2004 under the guidance of Mat Staver.
And it was while Staver was the Dean of the School of Law that he and fellow professor Rena Lindevaldsen orchestrated a plan by which Lisa Miller could kidnap Isabella Miller-Jenkins and flee to Nicaragua so as to thwart the legal rights of Miller’s former partner Janet Jenkins. Portions of the kidnapping was facilitated by a Liberty employee, and documents reveal that other staff members were aware of the plan.
So Janet Jenkins has sued the various schemers under RICO law, including Liberty University.
Liberty thought, oh that’s what insurance is for. But their provider saw things differently and refused to pay for their legal defense. So Liberty sued their insurance provider insisting that they cover the cost of the RICO defense.
A federal court found summary judgement for Liberty, ruling that the insurance must pay for the school’s defense. However, the insurer appealed and a three judge panel of the Fourth Circuit overruled the lower court decision and now Liberty’s defense will be on their own dime.
the Intentional and Criminal Acts Exclusion embraces claims “arising out of any intentional, dishonest, fraudulent, criminal, or malicious act or omission or any willful violation of law by the insured” and “precludes coverage for all insured persons under the policy regardless whether the person seeking coverage participated in any way in the intentional or criminal acts or omissions.” As we have emphasized, the Jenkins Complaint alleges Appellee’s liability for injuries arising from its direct involvement in conspiracies to commit kidnapping and racketeering, which carry criminal penalties. We conclude these claims clearly and unambiguously trigger the Intentional and Criminal Acts Exclusion.
I guess that the Law School didn’t read the fine print before it set about to conduct a kidnapping.
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Priya Lynn
July 13th, 2015
IANAL but if a lower court found summary judgement for Liberty it doesn’t sound like Janet Jenkins has much of a chance on appeal.
Timothy Kincaid
July 13th, 2015
Sorry, Priya, I guess I wasn’t clear enough. I’ve revised the above so as to remove the ambiguity.
Ben in Oakland
July 13th, 2015
Tell me it ain’t true. Liberty Council, beacons of law and order that they are, lost yet another case demanding special privileges for Christians.
Priya Lynn
July 13th, 2015
I get it now Timothy.
SharonB
July 14th, 2015
My shaden freudens greatly with this ruling. I hope the sonofabiches are bankrupted and Staver gets disbarred over this criminal plot.
These jackasses (ADF, actually ) intervened in my divorce case and attempted to deny me visitation. They lost, but tied it up in the courts for over a decade and obstructed visitation. Today I have a good relationship with my kids. My kids have rejected christianity. Mission accomplished, bigots.
I hope the daughter in this case reunites with her mother and sees how evil these religious bigots are.
CPT_Doom
July 14th, 2015
The best part of this ruling I’d that Jenkins’ suit can continue, and there is no 5th Amendment right to refuse questions in a civil tort disposition. Also, either party to a civil suit can freely share the depositions with criminal authorities. I hope that much damaging information can come to light and poor Isabella can reunite with her other Mommy before she’s been too indoctrinated to have a good relationship with her.
Paul Douglas
July 16th, 2015
Couldn’t agree with you more SharonB.
Glad your kids turned out well too.
Dave H
July 16th, 2015
Does anyone know if Lisa Miller and Isabella Miller-Jenkins are still in Nicaragua?
Priya Lynn
July 16th, 2015
As far as I know it was only speculation that they were in Nicaragua.
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