Jerry Sandusky has not given up his fight to have the insurance company for The Second Mile pay for his defense in criminal and civil cases arising out of the sex abuse scandal.
He is appealing to the 3rd U.S. Court of Appeals the March 1 decision that declared that Federal Insurance Co. had no obligation to pay for his defense.
The notice filed in U.S. Middle District Court does not give the basis for the appeal, but the former Penn State defensive coordinator previously had argued that he should be allowed to conduct discovery before Judge Yvette Kane ruled on Federal’s motion for summary judgment.
In her order granting summary judgment, the judge wrote that even if she had permitted discovery, it would not have altered her decision that the insurance policy Federal issued to The Second Mile did not cover the acts in question.
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Kane’s opinion also stated that Sandusky’s sexual abuse of children was not committed in his capacity as an employee or executive of the charity he founded and that, although he met victims through The Second Mile, it did not change the fact that the abuse was personal.
Sandusky is serving a minimum of 30 years in state prison after being found guilty of molesting 10 boys over a 15-year period, and is appealing his criminal conviction.