Vt SupCo hears civil case in Brooke Bennett murder - WCAX.COM Local Vermont News, Weather and Sports-

Vt SupCo hears civil case in Brooke Bennett murder

Middlebury, Vermont - October 18, 2011

An unusual case before the Supreme Court Tuesday. The father of 12-year-old Brooke Bennett says the little girl's aunt is partially responsible for Brooke's death, and he wants her insurance company to pay.

Brooke Bennett's father, James, says Woodward acted negligently for allowing the little girl around Woodward's former husband, Michael Jacques. Jacques is awaiting trial for the alleged kidnapping, sexual assault and murder of 12-year-old Brooke. James Bennett wants Woodward's insurance company to cover the bodily injury and his suffering. Tuesday, his attorney took the case to the Vermont Supreme Court.

"The allegation is that she failed to exercise reasonable care in the protection of her niece, that she was negligent," said Paul Perkins, James Bennett's attorney.

The case made it to Vermont's top judges after it worked its way through the trial court. That court ruled that Woodward's policy does not cover the little girl's alleged kidnapping, sexual assault and murder for three reasons:

First the incident was an intentional act and not an accident. Second, the act was an intentional act by the insured. And third, there was no "bodily injury" because the harm resulted from "sexual molestation of a person."

Robin Cooley, the attorney for the Co-operative Insurance Company, told the justices, "Bodily injury per our definition does not mean harm or death that arises out of the actual alleged or threatened sexual molestation of a person."

James Bennett's attorney told the court that the homeowner's insurance policy covers Woodward and Jacques as individuals, arguing Woodward's alleged negligence is independent of Jacques' alleged behavior.

"The purpose of the clause is to ensure that each of the insured are treated separately in the determination of coverage and the application of exclusion," Perkins said.

It could take 90 days before the Supreme Court issues a ruling in this case.

Woodward and Bennett were not in the courtroom Tuesday. We did not reach the insurance company's lawyer for comment. Bennett's lawyer declined our request for an interview.

Click here for complete coverage of the Brooke Bennett case.

  • Local NewsMore>>

  • Rutland pharmacist accused of stealing meds

    Rutland pharmacist accused of stealing meds

    Wednesday, April 23 2014 11:43 PM EDT2014-04-24 03:43:47 GMT
    In Rutland a pharmacist is accused of stealing meds from his employer. 32-year-old Brandon Cigana worked at the Walgreens Pharmacy on Woodstock Avenue. Prosecutors say he used his position there to access the pharmacy's inventory stealing regulated drugs like benzodiazepines, Hydrocodone and Suboxone for himself without a prescription. The Whitehall, New York man faces up to two years behind bars.More >>
    In Rutland a pharmacist is accused of stealing meds from his employer. 32-year-old Brandon Cigana worked at the Walgreens Pharmacy on Woodstock Avenue. Prosecutors say he used his position there to access the pharmacy's inventory stealing regulated drugs like benzodiazepines, Hydrocodone and Suboxone for himself without a prescription. The Whitehall, New York man faces up to two years behind bars.More >>
  • Drug bust in Burlington's Old North End

    Drug bust in Burlington's Old North End

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:04 GMT
    Police made a drug bust Wednesday night in Burlington's Old North End. Police and the U.S. Marshal's raided this home on Cedar Street around 8 o'clock. They say they seized heroin and cocaine. Six people were inside when authorities went in. But they're not saying how many arrests were made. The raid was part of an ongoing drug investigation.More >>
    Police made a drug bust Wednesday night in Burlington's Old North End. Police and the U.S. Marshal's raided this home on Cedar Street around 8 o'clock. They say they seized heroin and cocaine. Six people were inside when authorities went in. But they're not saying how many arrests were made. The raid was part of an ongoing drug investigation.More >>
  • Fire damages Lyndonville tree farm

    Fire damages Lyndonville tree farm

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:21 GMT
    Fire has damaged ten acres of a Lyndonville tree farm. Eight department were called in to battle the blaze. And it took four hours to get the flames under control. Fire officals say a discarded cigarette combined with dry conditions are to blame. One firefighter suffered from minor smoke inhalation.More >>
    Fire has damaged ten acres of a Lyndonville tree farm. Eight department were called in to battle the blaze. And it took four hours to get the flames under control. Fire officals say a discarded cigarette combined with dry conditions are to blame. One firefighter suffered from minor smoke inhalation.More >>
  • A warning for bird watchers: Give eagles space

    A warning for bird watchers: Give eagles space

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:36 GMT
    Bird watchers are being reminded to give nesting bald eagles plenty of space. The Vermont Fish Wildlife Department is urging anyone who sees a nesting eagle not to get closer than 300 feet. Activity too close to their nest can result in them abandoning their young. Harassing a bald eagle is illegal and a violation of the state endangered species statute.More >>
    Bird watchers are being reminded to give nesting bald eagles plenty of space. The Vermont Fish Wildlife Department is urging anyone who sees a nesting eagle not to get closer than 300 feet. Activity too close to their nest can result in them abandoning their young. Harassing a bald eagle is illegal and a violation of the state endangered species statute.More >>
  • Gun fired into New Haven home

    Gun fired into New Haven home

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:48 GMT
    Police are searching for who fired a gun into a home in New Haven. It happened late Tuesday night at 2420 Munger Street. Police say a bullet passed through a window of the home. Luckily no one was hurt. Investigators say a stop sign at the intersection of Munger Street and Cobble Road had also been shot. Anyone with information should call state police.More >>
    Police are searching for who fired a gun into a home in New Haven. It happened late Tuesday night at 2420 Munger Street. Police say a bullet passed through a window of the home. Luckily no one was hurt. Investigators say a stop sign at the intersection of Munger Street and Cobble Road had also been shot. Anyone with information should call state police.More >>
  • What triggered a shooting inside the Bennington police station?

    What triggered a shooting inside the Bennington police station?

    Wednesday, April 23 2014 6:57 PM EDT2014-04-23 22:57:35 GMT
    A Bennington man is in stable condition after being shot by an officer inside the Bennington Police Department. Investigators say Gregory Filo had a knife and was behaving erratically.More >>
    A Bennington man is in stable condition after being shot by an officer inside the Bennington Police Department. Investigators say Gregory Filo had a knife and was behaving erratically.More >>
  • Former Fortune 500 exec indicted in fatal NH crash

    Former Fortune 500 exec indicted in fatal NH crash

    A New Hampshire grand jury has indicted a former Fortune 500 executive on second-degree murder charges in connection with a crash that killed a Vermont couple in December.More >>
    A New Hampshire grand jury has indicted a former Fortune 500 executive on second-degree murder charges in a crash that killed a Vermont couple in December.More >>
  • Convicted Vt. embezzler charged with stealing from employer

    Convicted Vt. embezzler charged with stealing from employer

    Wednesday, April 23 2014 7:24 PM EDT2014-04-23 23:24:36 GMT
    Nearly two decades after her first conviction, a white-collar criminal returns to court once again charged with stealing from her employer. More >>
    Nearly two decades after her first conviction, a white-collar criminal returns to court once again charged with stealing from her employer.
    More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and WCAX. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.