March 7, 2007

CRASH RULING CLEARS WAY FOR CLAIMS

A federal judge's ruling that American Crushing & Recycling's dump truck
was not insured when it crashed in Avon in 2005, killing four people,
paves the way for victims to seek compensation from their own coverage
for uninsured motorists, lawyers for victims said Tuesday.

"The only way you can pursue the uninsured motorists [coverage] is if
there is a definitive ruling that insurance for the responsible party is
not available, and that's what this ruling provides," said Joel Faxon, a
lawyer who represents Ellen Stotler of New Hartford, the widow of Paul
A. "Chip" Stotler, one of four people killed in the crash.

U.S. District Judge Janet Bond Arterton ruled last week in federal court
in New Haven that Acadia Insurance Co. of Westbrook, Maine, at one time
the insurance carrier for the now-defunct trucking company, does not
have to pay victims and families of those killed. The ruling means that
Acadia will not have to pay $3 million in liability coverage.

Arterton found that Acadia issued a $2 million umbrella policy and a $1
million motor-vehicle policy from Sept. 1, 2004 to Sept. 1, 2005. But
American Crushing, according to the ruling, suspended coverage on 12 of
its dump trucks, including the truck that crashed, months before the
fatal July 29, 2005, crash and received nearly $40,000 in refund credit
from Acadia.

Former American Crushing owner David Wilcox and his wife, Donna Wilcox,
were arrested in November 2005 and charged with attempted insurance
fraud for trying on July 29, 2005, to reinstate liability coverage on
the truck without telling insurers it had crashed hours earlier.

David Wilcox also is facing manslaughter charges in the four deaths in
the crash. His son, Shawn Wilcox, has been charged with tampering with
or fabricating evidence, conspiracy to tamper with evidence, and
interfering with an officer. The three have pleaded not guilty.

David Wilcox's next appearance in Superior Court in Hartford is set for
April 2.

The federal ruling was not a surprise to lawyers who represent the
victims.

"I had reviewed the briefs and it was clear to me that American Crushing
& Recycling's truck was uninsured at the time of the accident," said
attorney John Logan, who represents Dr. Elena Tomasi, a Torrington
dentist who was seriously injured and was rescued from her smashed car
moments before it went up in flames. Eleven people were injured in the
crash, five of them seriously.

Logan already had brought a claim against Tomasi's insurer for
uninsured-motorist coverage and it is still pending.

Faxon said he and other lawyers for estates of the victims and people
injured in the crash would also like to see the state provide
compensation because regulators did not get American Crushing &
Recycling's trucks off the road despite numerous safety problems, and
because the roadway where the crash occurred, Route 44, was known to be
dangerous.