Insurer blocked from passing buck on fees for Jenny Jones case.A 2nd District Appellate panel has found that Travelers Casualty and Surety Co. should foot the bill for the legal costs associated with defending Time Warner Inc. in the case involving a man killed after appearing on "The Jenny Jones Jenny Jones could be:
The ruling means that unless it appeals to the state Supreme Court, Travelers may not be reimbursed for the $2.8 million defense of Time Warner in a civil action that resulted in a $29 million jury verdict, later overturned, against the media giant. The case stemmed from the murder of Scott Amedure, who revealed a crush on his neighbor, Jonathan Schmitz Jonathan Schmitz (born July 18, 1970) is a convicted murderer who, in 1996, was sentenced to prison for 25-50 years. Schmitz killed Scott Amedure three days after the two men appeared on a March 6, 1995 episode ("Same-Sex Secret Crushes") of The Jenny Jones Show , in a 1995 episode of the talk show. Schmitz, who says he is heterosexual, killed Amedure three days later. Schmitz was convicted of second degree murder in 1999 and is serving a 25- to 50-year prison sentence. The civil case was brought that year by Amedure's family, which argued that Time Warner was negligent in encouraging Amedure to reveal his crush to a man who had not been tested for mental illness before appearing on the show. A Michigan jury agreed, awarding more than $29 million in damages. The company appealed, and in 2002 a Michigan appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. reversed the verdict. The Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices, who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot. refused to hear the case. The ruling over responsibility for the legal fees incurred in the civil defense came in a case brought by Continental Casualty Co., which issued Time Warner's entertainment risk policy. It sued Travelers Casualty in 2001 seeking a ruling that Continental had no obligation to pay legal costs. Travelers, which issued Time Warner's general liability policy, had been seeking reimbursement for defense costs in the civil case. Most production companies have both types of insurance, said Neil Selman, a partner at Selman Breitman LLP LLP - Lower Layer Protocol representing Continental, which is owned by CNA Financial CNA Financial Corporation (NYSE: CNA) is a financial corporation based in Chicago, Illinois, United States, and noted for its 600 foot tall red headquarters building there. Its principal subsidiary, Continental Casualty Company (CCC) was founded in 1897. Corp. Bodily injury, covered by a general liability policy, typically would include an injury from a fouled stunt or an unintentional explosion during filming, he said. "This was a bodily injury case," he said. "Our policy covered creative risks involved in the production of entertainment matter; for instance, defamation, infringement, invasion of privacy invasion of privacy n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. , things like that." Travelers' attorney, Michael Robinson Michael Robinson may refer to:
Staff reporter Amanda Bronstad can be reached at (323) 549-5225, ext. 225, or at abronstad@labusinessjournal.com. |
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