Post by Shuftin on Feb 25, 2007 0:32:17 GMT -5
February 24, 2007
By MICHAELANGELO CONTE
WEEHAWKEN, NEW JERSEY - Insurance companies for the township, police force and the officer convicted last year of assaulting a 17-year-old boy who died days later say they are not responsible for paying any damages that may be awarded in the $100 million lawsuit filed by the boy’s family.
Former Weehawken Police Officer Alejandro Jaramillo was convicted May 1 of assaulting Jose Luis Ives Jr. in front of the boy’s Union City home in July 2003 while off-duty; last July he was sentenced to 15 years in prison.
Ives’ father filed a federal civil suit in July 2005 naming Jaramillo, the township, the police department and Public Safety Director Jeff Welz. The suit is in the discovery phase.
But a little over two weeks ago, on Feb. 13, Weehawken’s insurers, United National Insurance Company and Diamond State Insurance Company, both of Pennsylvania, filed a motion in the federal court arguing they were not responsible for paying any damages that might be awarded.
They argue they don’t have to pay because “the case arises out of the commission of a criminal act,” Weehawken Township Attorney Richard Venino said yesterday.
The lawyer called the insurers’ argument “absurd” because neither the city, police force or Welz have committed any crime.
“There’s no question in my mind they don’t have to respond for Jaramillo, that’s what we think the exemption is meant for,” Venino said. “We have done nothing wrong. We pay thousands and thousands of dollars in premiums for coverage and all municipalities have to know they have protection, that if an off-duty officer commits a crime it won’t serve as a basis for the insurance company not to protect the municipality.”
Messages left with both insurance companies and with the attorney representing them were not returned yesterday.
Venino said that Weehawken is hiring outside counsel to respond to the brief and that a response is likely to be filed within a month.
During Jaramillo’s trial, which began last April 5, prosecutors tried to prove Jaramillo fractured the boy’s skull during the July 16, 2003, incident by slamming his head on the street at Pleasant Avenue and 33rd Street. Ives, who never regained consciousness, died eight days later.
The defense contended Jaramillo, who was off-duty at the time, was acting in self-defense after Ives attacked him, and that the injuries were a result of Ives falling during the scuffle.
Jaramillo is currently serving his sentence at South Woods State Prison in Bridgeton and he has filed an appeal.
www.nj.com/news/jjournal/index.ssf?/base/news-0/1172300471323820.xml&coll=3
By MICHAELANGELO CONTE
WEEHAWKEN, NEW JERSEY - Insurance companies for the township, police force and the officer convicted last year of assaulting a 17-year-old boy who died days later say they are not responsible for paying any damages that may be awarded in the $100 million lawsuit filed by the boy’s family.
Former Weehawken Police Officer Alejandro Jaramillo was convicted May 1 of assaulting Jose Luis Ives Jr. in front of the boy’s Union City home in July 2003 while off-duty; last July he was sentenced to 15 years in prison.
Ives’ father filed a federal civil suit in July 2005 naming Jaramillo, the township, the police department and Public Safety Director Jeff Welz. The suit is in the discovery phase.
But a little over two weeks ago, on Feb. 13, Weehawken’s insurers, United National Insurance Company and Diamond State Insurance Company, both of Pennsylvania, filed a motion in the federal court arguing they were not responsible for paying any damages that might be awarded.
They argue they don’t have to pay because “the case arises out of the commission of a criminal act,” Weehawken Township Attorney Richard Venino said yesterday.
The lawyer called the insurers’ argument “absurd” because neither the city, police force or Welz have committed any crime.
“There’s no question in my mind they don’t have to respond for Jaramillo, that’s what we think the exemption is meant for,” Venino said. “We have done nothing wrong. We pay thousands and thousands of dollars in premiums for coverage and all municipalities have to know they have protection, that if an off-duty officer commits a crime it won’t serve as a basis for the insurance company not to protect the municipality.”
Messages left with both insurance companies and with the attorney representing them were not returned yesterday.
Venino said that Weehawken is hiring outside counsel to respond to the brief and that a response is likely to be filed within a month.
During Jaramillo’s trial, which began last April 5, prosecutors tried to prove Jaramillo fractured the boy’s skull during the July 16, 2003, incident by slamming his head on the street at Pleasant Avenue and 33rd Street. Ives, who never regained consciousness, died eight days later.
The defense contended Jaramillo, who was off-duty at the time, was acting in self-defense after Ives attacked him, and that the injuries were a result of Ives falling during the scuffle.
Jaramillo is currently serving his sentence at South Woods State Prison in Bridgeton and he has filed an appeal.
www.nj.com/news/jjournal/index.ssf?/base/news-0/1172300471323820.xml&coll=3