http://www.insidedenver.com/shooting/0701harr2.shtml
Insurance firm sues gunman's parents
Company says it doesn't have to cover Harrises in lawsuits for victims
By Peggy Lowe
Denver Rocky Mountain News Staff Writer
Wayne and Kathy Harris' homeowner insurance company sued the couple Friday, saying it doesn't have to cover them in the Columbine High victims' lawsuits.
The Automobile Insurance Co. of Hartford, which is owned by Traveler's Property Casualty, asked a federal judge in Denver to relieve it from covering and defending the lawsuits filed against the parents of Eric Harris.
Eric Harris' murderous actions at Columbine during the April 20, 1999, massacre were intentional and his parents' homeowners policy only covers negligent acts, the lawsuit said.
The Harrises have been sued by the families of slain student Isaiah Shoels and wounded student Mark Taylor.
The lawsuits say the Harrises were negligent in allowing their son to amass a cache of weapons in their home, to spew his violent writings and to be friends with Dylan Klebold, his partner in the Columbine tragedy.
Scott Robinson, a Denver defense attorney, said homeowner's policies most often cover only negligent acts in parental responsibility cases. "Clearly (Eric) Harris' conduct is not insured," he said. "The harder question is the acts of the parents."
The Automobile Insurance Co. of Hartford insured the Harrises under a policy that ran from May 29, 1998, to May 29, 1999. It limited payouts to $300,000 and also says the company will defend any legal actions against the homeowners.
The company has been working with the Harrises but "a real and justiciable controversy" has arisen because the family believes the insurance company should continue to defend them against the suits, the complaint said.
The Harris family lawyer, Ben Colkitt, did not return phone calls Friday seeking comment.
Although the Shoels and Taylor lawsuits were filed in state courts, the company wants a federal judge to confirm their position, said Keith Anderson, a Travelers spokesman.
The company probably believes they would be "home towned" in a state court, Robinson said, meaning a local judge would side with local residents.
A federal judge could settle the question and potentially save the company large legal fees and settlements, he said.
"If they're not covered, they're not covered," Robinson said. "That eliminates the possibility of liability and completely eliminates the duty to defend."
Contact Peggy Lowe at (303) 892-5482 or lowep@RockyMountainNews.com.
© Copyright, Denver Publishing Co.
Insurance firm sues gunman's parents
Company says it doesn't have to cover Harrises in lawsuits for victims
By Peggy Lowe
Denver Rocky Mountain News Staff Writer
Wayne and Kathy Harris' homeowner insurance company sued the couple Friday, saying it doesn't have to cover them in the Columbine High victims' lawsuits.
The Automobile Insurance Co. of Hartford, which is owned by Traveler's Property Casualty, asked a federal judge in Denver to relieve it from covering and defending the lawsuits filed against the parents of Eric Harris.
Eric Harris' murderous actions at Columbine during the April 20, 1999, massacre were intentional and his parents' homeowners policy only covers negligent acts, the lawsuit said.
The Harrises have been sued by the families of slain student Isaiah Shoels and wounded student Mark Taylor.
The lawsuits say the Harrises were negligent in allowing their son to amass a cache of weapons in their home, to spew his violent writings and to be friends with Dylan Klebold, his partner in the Columbine tragedy.
Scott Robinson, a Denver defense attorney, said homeowner's policies most often cover only negligent acts in parental responsibility cases. "Clearly (Eric) Harris' conduct is not insured," he said. "The harder question is the acts of the parents."
The Automobile Insurance Co. of Hartford insured the Harrises under a policy that ran from May 29, 1998, to May 29, 1999. It limited payouts to $300,000 and also says the company will defend any legal actions against the homeowners.
The company has been working with the Harrises but "a real and justiciable controversy" has arisen because the family believes the insurance company should continue to defend them against the suits, the complaint said.
The Harris family lawyer, Ben Colkitt, did not return phone calls Friday seeking comment.
Although the Shoels and Taylor lawsuits were filed in state courts, the company wants a federal judge to confirm their position, said Keith Anderson, a Travelers spokesman.
The company probably believes they would be "home towned" in a state court, Robinson said, meaning a local judge would side with local residents.
A federal judge could settle the question and potentially save the company large legal fees and settlements, he said.
"If they're not covered, they're not covered," Robinson said. "That eliminates the possibility of liability and completely eliminates the duty to defend."
Contact Peggy Lowe at (303) 892-5482 or lowep@RockyMountainNews.com.
© Copyright, Denver Publishing Co.
