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 In a decision on Tuesday, U.S. District Judge Mark
Mastroianni in Springfield, Massachusetts left open the question
of whether American International Group Inc must indemnify Cosby
for damages he may be required to pay the women.
But the judge said Cosby's alleged sexual misconduct was "too
far removed" from his alleged defamation to free AIG from
coverage under a policy it issued in California, while the
sexual misconduct exclusions in a Massachusetts policy were
"ambiguous" at a minimum.
"The court cannot say ... that it was the intent of the parties
to exclude the kinds of claims brought in the defamation cases,"
Mastroianni wrote. "If Cosby's interpretation is reasonable, and
thus the language is at least ambiguous under these
circumstances, he prevails."
Mastroianni said the indemnification question "must await the
completion of trial or settlement."
AIG had no immediate comment on Wednesday, and lawyers for the
New York-based insurer did not immediately respond to requests
for comment.
Lawyers for Cosby did not immediately respond to similar
requests. They have said AIG was required to cover Cosby's
defense costs against the women's claims, even if those claims
were groundless.
Homeowner policies typically cover personal injuries, such as
when a person falls down on an insured's property, while
"excess" policies such as Cosby's carry enhanced protections.
AIG had sought declarations that Cosby's policies excused it
from defending and indemnifying him against personal injury
claims "arising out of" sexual misconduct, as distinct from
personal injury claims such as defamation.
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The women had alleged that Cosby harmed their reputations, including
through his representatives, by calling them liars after they
publicized their allegations.
Last November, a federal judge in Los Angeles said AIG must defend
Cosby against claims in a similar case by the actress and model
Janice Dickinson because the sexual misconduct exclusions did not
unambiguously bar coverage.
Cosby, 79, must still defend himself in a Pennsylvania criminal case
where he was charged with having in 2004 sexually assaulted a former
basketball coach from his alma mater, Temple University. He has
pleaded not guilty.
More than 50 women have accused Cosby of having subjected them to
unwanted sexual abuse in incidents dating to the 1960s.
The case is AIG Property Casualty Co v. Green et al, U.S. District
Court, District of Massachusetts, No. 15-30111.
(Reporting by Jonathan Stempel in Washington, D.C.; Editing by Tom
Brown)
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