CHARLESTON, W.Va – A Kanawha County Circuit judge ruled in favor of the women suing the West Virginia State Police last week, ruling that the videotaping of each individual using a hidden camera constitutes a separate offense for the purpose of insurance policy limits.
The decision by Judge Kenneth Ballard means that the potential insurance payouts for the plaintiffs can reach as high as $1 million per occurrence under the state’s policy.
An argument on behalf of the state had asked Judge Ballard to rule that language in the policy meant the related nature of the offenses grouped them as one occurrence, making $1 million the maximum payout for all of the plaintiffs combined.
The parties asked Judge Ballard to rule on the interpretation of the insurance policy because mediation between the two sides had stalled.
A hearing on the issue was held on September 9, in which Don Parker argued on behalf of National Union Fire Insurance, which is retained by the state Board of Risk and Insurance Management to maintain the policy, and Brent Kesner gave the arguments for the plaintiffs.
More than 80 women are suing the state police after a hidden camera was discovered inside the locker room at the State Police Academy in Institute.