Bill Cosby’s home-owner’s insurance coverage corporate, American International Group, should pay his criminal charges in 3 defamation proceedings introduced near 9 girls who remark he branded them liars once they accused him of sixual invade, a Massachusetts federal deem dominated Tuesday.
The corporate, higher referred to as A.I.G., had long past to courtroom to disclaim him protection, arguing, amongst different matters, that the insurance policies had an exemption that intended it will have to now not utilize to cloak claims that arose from alleged acts of sixual misconduct.
When the ladies got here ahead in Massachusetts and somewhere else with their claims in original years, it used to be too tardy for them to sue on sixual invade grounds, for the reason that statute of barriers had expired. So the ladies sued for defamation as a substitute, saying that Mr. Cosby’s attorneys and different representatives had broken their reputations once they pushed aside the allegations as fabrications.
To cloak his criminal prices, Mr. Cosby relied at the slightly sudden device of the insurance coverage insurance policies he had on his properties in Massachusetts and California, every with restricted legal responsibility protection of $1 million, in line with courtroom data. Mr. Cosby and his spouse, Camille, additionally utilize an additional legal responsibility coverage with protection of $35 million.
Like numerous rich Americans with property to give protection to, Mr. Cosby had insurance policies with enhanced “personal injury” clauses that if protection in a variety of instances, together with proceedings that accuse the policyholder of defamation.
This is the moment case in which a federal deem has dominated that Mr. Cosby’s domestic insurer should select up his criminal prices beneath the phrases of his coverage. The previous determination were in California.
This week in United States District Court for the District of Massachusetts, Judge Mark G. Mastroianni agreed that it used to be the allegedly defamatory statements, now not his alleged sixual misconduct, that at once led to the harm the ladies declare.
“Critically, the sources of the underlying plaintiffs’ injuries are the allegedly defamatory statements issued by Cosby or his agents, not the sixual misconduct itself,” he wrote. “While no doubt related to and setting the stage for the defamation claims, the alleged sixual misconduct is multiple steps removed from the defamatory injury causing statements.”
He added, “The defamation is sufficiently independent of the sixual misconduct such that the exclusions do not apply.”
Judge Mastroianni mentioned the solicit of if A.I.G. should cloak now not fair the criminal invoice, but additionally any conceivable judgment towards him as smartly, should wait till the underlying defamation proceedings are concluded.