Insurance isn't liable for families' damage awards

December 23, 2007 at 12:43AM

A federal judge has ruled that American Family Insurance has no obligation to cover John Jason McLaughlin in the wrongful death suit filed against him by the parents of the two Rocori students he killed in 2003.

Attorneys for the parents of Aaron Rollins and Seth Bartell had asked U.S. District Court Judge Patrick Schiltz to determine what obligations the insurance company and McLaughlin had under the insurance policy purchased by McLaughlin's parents.

A Stearns County District Court judge earlier dismissed the wrongful-death suit filed by the Rollins and Bartell families against McLaughlin, his father David, the Rocori school district and former Rocori High School Principal Doug Standke but left available the option of refiling it.

After the dismissal, the families' claims against David McLaughlin, the school district and Standke were settled.

There are no pending claims against Jason McLaughlin, 19, although another suit could be filed against him.

However, with insurance coverage not an option to recover damages, the families likely would be able to get only a judgment against any money McLaughlin earns from prison wages.

McLaughlin was convicted of first- and second-degree murder for the death of Rollins and Bartell and is serving a life sentence at the Minnesota Correctional Facility-St. Cloud.

ASSOCIATED PRESS

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