An attorney for Syracuse University appeared in court Tuesday morning to argue a motion in a case against National Union Fire Insurance Company, an insurance carrier for SU during the Bernie Fine sexual abuse allegations.

The university is suing National Union for refusing to cover expenses SU incurred in responding to subpoenas concerning the Fine allegations. 

Supreme Court Justice Donald Greenwood presided over a hearing of the motions for summary judgment at the Onondaga County Supreme Court.

A motion for summary judgment is a request to the court for a formal decision without a full trial.

In arguing the plaintiff’s motion for partial summary judgment, Kenneth Frenchman, SU’s attorney, requested the judge order National Union to pay for the losses incurred from the Fine subpoenas.

A trial would still be necessary to determine the amount if SU’s motion for partial summary judgment is granted, according to documents from the New York State Unified Court System.

Charles Stotter, one of the attorneys representing National Union, argued the defendant’s motion for summary judgment. He requested the court deny SU’s motion for partial summary judgment and grant summary judgment in favor of National Union.

Some of the contended issues included whether the subpoenas allege to a wrongdoing by SU under the insurance policy, whether the university has a legitimate claim under the policy’s language and whether SU was a target of the investigation.

Costs relating to an actual or alleged “breach of duty, neglect, error, misstatement, misleading statement, omission or act” by or on behalf of the university are covered by the insurance policy, according to court documents.

But Stotter, the National Union attorney, argued that the subpoenas related to the Fine case do not allege wrongdoing by the university. Rather, they sought information specifically related to Fine, thus the expenses incurred are not covered by the insurance policy.

Frenchman argued the subpoenas sought information about much more than criminal activity as it pertained to Fine. Prosecutors were seeking information about SU administrators; Bond, Schoeneck & King; and faculty and staff members in an effort to gather information about the university’s response, he said.

With the subpoenas coming days after the Pennsylvania State University scandal, prosecutors were “looking under every stone,” Frenchman said.

SU filed its complaint on Aug. 22, 2012, and National Union originally filed a motion to dismiss the case on Oct. 12, 2012. National Union has since asked the court to convert the motion to dismiss the case to a motion for summary judgment, according to court documents.

SU Senior Vice President for Public Affairs Kevin Quinn declined to comment as the case is pending litigation.

Stotter, the National Union attorney, also declined to comment on the proceedings.

Before the hearing, Supreme Court Justice Greenwood disclosed that he is a graduate of the SU College of Law and he has held Syracuse basketball season tickets. Neither attorney objected to Greenwood hearing the motions.

Published on January 29, 2013 at 11:39 pm

Contact Cheryl: cjseligm@syr.edu | @CherylSeligman