An insurance company contends it is not responsible to defend or pay any damages in a lawsuit filed against several Lackawanna County men in connection with the 2017 hazing death of a Pennsylvania State University student.
Attorneys for Nationwide Insurance filed suit in federal court against Gary DiBileo II,Jerald Coyne and Jonathan Martines, former members of the Beta Theta Pi fraternity.
DiBileo, 23, 302 S. Main St., Scranton, is among 18 former fraternity members charged in connection with the Feb. 4, 2017 death of Timothy Piazza. Piazza, 19, died from injuries suffered in a fall during an alcohol-fueled hazing ritual.
DiBileo, the son of Lackawanna County controller Gary DiBileo, plead guilty in December in Centre County Court to six counts of hazing and one count of conspiracy and is awaiting sentencing.
Piazza’s parents, James and Evelyn Piazza, filed a federal lawsuit in February against DiBileo, Coyne, Martines and multiple other fraternity members, alleging their negligence caused their son’s death. The suit alleges Coyne, 1105 St. Ann St., Scranton, and Martines, 106 Healey Road, Greenfield Twp., took part in the hazing. Neither man was charged criminally.
Nationwide initially defended the men, but it now asks a judge to rule it has no further obligation to defend them or pay any damages because they engaged in intentional and criminal conduct, which is excluded under their insurance policies.
The suit alleges the men violated several laws, including providing alcohol to a minor, recklessly endangering another person and engaging in hazing activities. It notes the policy excludes coverage for criminal acts, even if no charges are filed.
The defendants will have an opportunity to respond to the suit. A judge will take the matter under advisement and issue a ruling at a later date.
Contact the writer: tbesecker@timesshamrock.com; 570-348-9137; @tmbeseckerTT on Twitter.