Tuesday, January 20, 2009

Duke Insurer says No!

The National Union Fire Insurance Company with United Educators Insurance has filed an answer & counterclaim in response to Duke University's complaint to seek compensation for their costs in the Duke Lacrosse Frame/Hoax.

The answer is a firm NO to Duke's demand for compensation.

Prof KC Johnson's Durham-in-Wonderland Blog was again the first to break this story.

Today's Herald-Sun reports;

No-pay lacrosse insurer: Duke in violation
by Ray Gronberg

DURHAM -- Duke University kept its insurer in the dark as it negotiated an out-of-court settlement with three former students falsely accused of rape in the Duke lacrosse case, the insurer says in new court filings.

The insurer, the National Union Fire Insurance Co. of Pittsburgh, says campus leaders thus violated their obligations to the company and therefore let it off the hook for paying the school's legal bills and covering the settlement.

Duke's withholding of information extends even to the terms of its settlement with former players .... Herald-Sun

See Justia's Web Site to follow the court filings
Part I Answer & Counterclaim
Part II Answer & Counterclaim

Of particular interest the question of which insurance company is financial responsible for the actual and future claims stemming from the disgraced and discredited SANE Exam is contentious. Duke University claims it comes under Medical Malpractice.

Sceptical had this comment on the LieStopper's Forum

When cornered, criminals start blaming the other criminals. In this case, everyone blames Nifong but there is also finger-pointing among the other parties. The insurance situation is similar.

The Duke leadership has obviously had some very bad advice over legal and insurance strategy. They will end up paying big, but even with the drop in their endowment, Duke still has deep pockets.

The contention that Levicy's crimes are a malpractice question is absolutely ludicrous. She examined Crystal only in the context of a SANE exam. Crystal had been seen by other DUMC doctors and nurses for her medical needs. They kept Crystal on the gurney out of the way until Levicy arrived for the morning shift so Crystal could have the SANE exam, the purpose of which was to collect specimens for evidence and fill out the SAER. These activities are evidence collection and not medical treatment. LieStopper's Forum

MikeZPU noted the following passage from the International Association of Forensic Nurses (IAFN) Code of Ethics:

Scientific misconduct, such as fabrication, falsification, slander, libel, and plagiarism are incompatible with this Vision of Ethical Practice. Public comments regarding scientific matters should be made with care and precision, devoid of unsubstantiated claims, exaggeration, and/or premature conclusions. IAFN Code of Ethics

Hat Tip: Professor KC, Sceptical, MikeZPU


Anonymous said...

Why was Levicy not charged with misconduct, as well as the chain of command of co-conspirators whom are all guilty of more than libel?!

So, Duke had to pay for their own bad rush to judgement. How many millions has it cost the citizens by putting so much emphasis on this one case, while murders and other cases have been set to the side during this pathetic parade?

What more will it take to have a Federal Investigation? False rape charges and real sex shows PAID FOR at Duke in the same year, corruption FAR beyond what is reported, and a city truly left to its own vices.

It will take more than all the kings horses to put this city back together again.

Anonymous said...

Well, clearly Nurse Levicy is lucky that she in fact did not do the Rape Kit Exam. That was done by the Physician who was, as alway, in charge of the case.

Anonymous said...

You better inform Levicy she didn't. In Nifong's notes of their interview she clearly says she guided Dr Manly and she wrote almost the entire SAER, except for one comment by Manly, "diffuse edema." She said she used Dr.Manly for the Pelvic because she hadn't receive her cert. Dr. Manly walked out of the incomplete exam because Crystal stopped it. Levicy & Manly both failed DUMC that night and will cause Duke more millions. BTW Levicy signed the Exam, not Dr Manly! But you do bring up an important point, why didn't Dr. Manly speak up and say the exam was incomplete and let Levicy talk with the PD & DA if Manly did the exam?

Anonymous said...

Scapegoatology 101

Anonymous said...

Why also have their been no liability on behalf of the Durham PD, and the SBI? A person "HIGHER" up on the scale allowed the farce to continue, AGAIN, WHERE ARE THE FED'S?!

WHAT are they afraid of?! The TRUTH!

Anonymous said...

Dr Manly and Nurse Levicy both signed the "fill in the blanks" checklist and both signed in the wrong place. A simple mistake in the paperwork, perhaps? As is her right as an American citizen, Crystal refused to complete the exam done by Dr Manly. Should DUMC have had security tie Crystal to the stretcher to complete what little was left of the exam? Dr Manly did the pelvic and collected the samples for the Rape KIt.

Anonymous said...

Both should be held accountable and liable, especially Dr Manly as he KNEW the results and still conspired to conceal them.

How can we trust medical and legislative authorities? Scary to say the least.

Anonymous said...

That would be Dr Meekam who conspired to conceal the presence of other male DNA in Crystal, although he did report that there was no evidence of Lacrosse DNA in the samples. Dr Manly's sole job was to do the pelvic and collect evidence swaba, which she did and the Lacrosse team which clearered the team members. Nurse Levicy assisted Dr Manly during the Rape KIt exam. What more do folks want from the Doctor and Nurse who helped with proving the team did not touch Crystal at all?

Anonymous said...

Sorry, That would be "collect swabs, which she did and cleared the lacrosse team members."

Anonymous said...

We want the truth, the whole truth and nothing but the truth!

begas’ Shrink said...

11:04, 7:07 and 8:10 above is begas. Pay her no nevermind.

This is how begas spends her time when she isn’t posting nonsense about Levicy: http://www.youtube.com/watch?v=5uGsUXSbI4E

Anonymous said...

Forget trying to stalk and insult posters and tell us what of the comments are not true

Anonymous said...

Why should the insurance company pay for Duke University's blunder?
They made conscience decisions behind closed doors, and is their own fault to pay up.
Maybe this will be a lesson of getting facts straight before rushing to judgement.

Anonymous said...

Duke University really doesn't need to continue existing. The entire school should be closed and the proceeds given to the hoax victims. Then the city can use the abandoned campus as one giant battered woman shelter/crack house and name it the Crystal Mangum Memorial Strip Mall.

Anonymous said...

I think being a strip mall is what got all of this started? It's a national disgrace as to the level of corruption that resides not just in Durham, but also the state.
The media censors hard-core questions, and the "leaders" simply "see, hear, and speak no evil."
Let us not forget Cline's actions regarding the Joy Johnson "Satanic Ritual Abuse" and stepped aside?
The Devil went down to Durham, and hasn't left.

Anonymous said...

Wasnt that just in the news?

Anonymous said...

As the Rape Kit samples and swabs from Dr Manley's exam was sealed and sent to SBI showed no evidence of Lacrosse DNA, what evidence was fabricated?

Anonymous said...

They never made known it was "DNA" from how many other men, 3 or 5? The FACT is they knew within a matter of minutes in doing the tests there was NO DNA of the 3 players, and already knew she was a prostitute and from her last "jobs."

The FACT is the SBI was not FORTHWITH, and deliberately witheld evidence, AND abaiting the lie that it could have been from them!

Why charges were not brought and these people still have their jobs is baffling. I smell corruption and Durham is a sewer.

Anonymous said...

Great place to make a movie in lol, just let the villians portray themselves, they have been doing it a very long time already.

Anonymous said...

SBI immediately notified the parties that there was no Lacrosse DNA on the articles of clothing or swabs taken at DUMC. Nifong took the stuff to Dr Meeham for further testing that identified those other guys with more advanced tests that was unavailable to SBI.

Anonymous said...

The entire country is a sewer. The system doesn't work, period. The only way to prevent further nifongings is to make is much more difficult to pursue rape charges without solid evidence.