Legal Opinion · Dissent

Bender v. Glendenning

West Virginia Supreme Court

Decided July 11, 2006No. 32862, 32863Published

1DissentBenjamin, Justice

(Filed May 16, 2006)

While I understand my colleagues’ desire to provide the potential for available funds to compensate the victims of Donald Glenden-ning’s horrific abuse, I must respectfully dissent from the majority opinion in this matter because, in my opinion, the governmental insurance policy at issue herein simply does not provide coverage for a teacher’s criminal acts of sexually abusing his students.

The insurance policy before this Court herein was issued to the State of West Virginia. It covers all county boards of education, including the Webster County Board of Education, as a…

2Cases cited8 opinions

  1. Long v. City of WeirtonWest Virginia Supreme Court · 1975
  2. Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983
  3. Parkulo v. West Virginia Board of Probation & ParoleWest Virginia Supreme Court · 1997
  4. Randall v. Fairmont City Police DepartmentWest Virginia Supreme Court · 1991
  5. Higginbotham v. City of CharlestonWest Virginia Supreme Court · 1974

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