Jerry Sandusky Scandal

Judge nixes alleged victim’s move vs. Second Mile insurer

WILLIAMSPORT — A federal judge has denied the motion of an alleged Jerry Sandusky victim to intervene in the federal lawsuit in which an insurance company is seeking to avoid paying the former defensive coach’s legal fees.

U.S. Middle District Judge Yvette Kane ruled Friday that the individual’s contingent interest is insufficient to meet the requirements for intervention as a right.

She also ruled against intervention because she cannot determine if there are common issues with a lawsuit the individual said he plans to file in Philadelphia’s Court of Common Pleas.

She gave the individual, not one of the 10 victims on which the criminal charges against Sandusky are based, the right to renew his motion to intervene after a complaint is filed. He has filed only a notice of intent to sue.

It is the alleged victim’s contention if Federal Insurance Co. does not have to pay awards or Sandusky’s legal costs, it could impact his ability to collect.

Federal, which represents The Second Mile, opposed the intervention, claiming courts have held mere economic interest is not “sufficient interest” to intervene.

The insurance company in December filed a complaint in which it seeks a declaration it has no obligation under its policy to pay Sandusky’s defense costs or to indemnify him for civil and criminal claims or judgments arising from charges he sexually abused boys over a 15-year period.

It also questions whether the alleged acts occurred while Sandusky was acting as an official of The Second Mile, the charity he founded.

Federal acknowledges The Second Mile’s policy provides coverage for legal costs, but it contends paying them in a case arising from sexual assault, molestation or abuse is repugnant to Pennsylvania public policy and so should be barred.