A New York insurance company has filed a federal lawsuit asking a judge to determine if it has to pay a settlement following the death of a toddler left in a van outside an Orlando day care in August.
Myles Hill died on Aug. 7 after he was left inside a hot day care van for nearly 12 hours outside Little Miracles Academy on West Gore Street.
Hudson Specialty Insurance Company, which issued a policy for the day care, Little Miracles Academy, filed the suit in Orlando citing numerous reasons it should not have to pay to defend the company or agree to a settlement offer.
The action comes after several months of behind-the-scenes conflict following the 3-year-old’s death.
On Aug. 15, a lawyer on behalf of Myles’ father, Bakari Hill, filed a lawsuit against Little Miracles, its owner, Audrey Thorton, and Deborah Denise St. Charles, who has also been charged criminally with leaving the boy in the day care van.
Three days later, Hudson received a letter from an attorney representing Myles’ grandmother, Brenda Watts, who was his legal guardian, and his mother, Chiel Banks.
In the letter, Myle’s family offered to settle confidentially with Little Miracles Academy for $1 million.
On Aug. 22, Watts filed a document in probate court claiming Banks had proof that Hill was not Myles’ biological father and did not have a claim for any money that may come from a civil suit.
“There exists an actual and justifiable controversy among the parties concerning their respective rights and duties and obligations under and pursuant to the Hudson policy,” the company noted in the suit filed Wednesday.
Due to the confusion, Hudson asked that a judge determine its role in the proceedings and decide if it is responsible for “providing a defense and indemnity” for Little Miracles Academy.
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The company points to an “auto exclusion” in the day care’s policy that allows it to deny coverage for any claims involving a vehicle.
Also, the day care’s automobile insurance company has already paid its policy limit to the family, Hudson said in the suit.
The Florida Department of Children and Families shut down Little Miracles Academy following Myles’ death.
St. Charles, who was reportedly driving the van the day Myles died, has been arrested and charged with aggravated manslaughter.
Cox Media Group
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