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On October 13, 2023, Liberty Mutual Insurance coverage filed a lawsuit in Suffolk Superior Court docket searching for declaratory reduction below Massachusetts Common Legal guidelines Chapter 231A, §1 to find out its obligations below three house owner insurance coverage insurance policies issued to David Lodge, the previous morgue supervisor for the Harvard Medical Faculty.
Lawsuits Towards Lodge and Harvard Medical Faculty
Liberty Mutual’s lawsuit seeks a dedication that it has no responsibility below the Insurance policies to defend or indemnify Lodge in reference to 4 lawsuits filed in opposition to Lodge and Harvard Medical Faculty alleging the sale of physique elements from our bodies donated for anatomy lessons and analysis:
(1) Ray et al. v. Lodge et al., Case No. 2384CVO1481 (based mostly on elements of father’s stays bought)
(2) MacTaggart et al. v. Lodge et al., Case No. 2384CV01389 (“Class motion based mostly on elements of mom’s stays bought”)
(3) DePalma et al. v. Lodge et al., Case No. 21STCV42073 (“Elements of mom’s stays bought DePalma Motion”)
(4) Johnson et al. v. Lodge et al., (Class motion based mostly on elements of mom’s stays bought)
Allegations Towards Lodge within the 4 lawsuits
The complaints within the 4 lawsuits come up out of Lodge’s alleged illegal scheme involving the dismemberment and sale of human physique elements donated to Harvard Medical Faculty for private revenue.
From 2018 to March 2023, Lodge allegedly stole and bought dissected physique elements from donated cadavers at Harvard Medical Faculty in the midst of his employment as morgue supervisor. Additionally, Lodge allegedly allowed unauthorized third events to enter the morgue and select stays to buy.
Particularly, the lawsuits allege that Lodge deliberately dissected and mishandled parts of donated cadavers and eliminated, transported, and bought dissected elements, together with heads, brains, pores and skin, and bones, to 3rd events.
As much as 400 occurrences below the disputed insurance policies
The insurance policies at situation are: Owners Coverage Nos. H3V-212-017461–30 02, efficient from October 30, 2020 to October 30, 2021; H3V-212-017461–30 12, efficient from October 30, 2021 to October 30, 202; and H3V-212-017461–30 22, efficient from October 30, 2022 to October 30, 2023.
Whereas the precise variety of cadavers whose physique elements had been bought is unsure, one of many lawsuits recognized in Liberty Mutual’s declaratory judgment as pending in opposition to Lodge and the Harvard Medical Faculty alleges that some 350 to 400 donated our bodies had elements presumably bought by Lodge.
With as much as 400 separate occurrences, the quantity at stake below Liberty Mutual’s insurance policies is probably substantial.
Every coverage has legal responsibility limits per prevalence of $300,000. Nevertheless, the insurance policies don’t have any combination legal responsibility restrict. If there have been protection, which Liberty Mutual appears to rightly deny, and the physique elements got here from separate deceased people, every physique whose elements had been bought might spawn a separate prevalence with its personal $300,000 restrict.
Liberty Mutual Coverage Exclusions
Final yr, Lodge was indicted on felony prices, together with wire fraud, transporting hazardous supplies, and fraudulent destruction of information associated to the alleged physique half gross sales scheme.
In its grievance, Liberty Mutual petitions the Superior Court docket to enter declaratory judgments, discovering Liberty Mutual owes Lodge no responsibility to defend or indemnify him for the conduct alleged within the 4 lawsuits.
Partially, the insurer argues:
Mr. Lodge’s alleged harvesting of physique elements passed off throughout the scope of his employment with Harvard Medical Faculty and concerned cadavers donated to the varsity, not his family premises.
Liberty Mutual’s grievance additionally asserts:
It will be in opposition to public coverage to supply insurance coverage protection for the sort of intentional felony conduct Mr. Lodge has been accused of.
Twenty days to reply after service of Liberty Mutual’s grievance
The filed lawsuit is out for service on Mr. Lodge. As soon as served with the lawsuit, Lodge can have twenty days to answer Liberty Mutual’s grievance.
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