State Auto asks for judgement against Mallory

An insurance company that Ben Mallory says should pay his legal bills asked an Athens County Court of Common Pleas judge to make a quick decision on its case.

State Auto Insurance Company of Columbus says it has no legal responsibility to pay for Mallory's defense against a suit filed by Ohio University student Audrey DeLong. Mallory and his family say the company should defend him in court because they have a homeowner's insurance policy that provides liability coverage.

DeLong filed a $2 million civil suit against Mallory in November 1998. She is accusing him of sexual assault, battery, invasion of privacy, conduct beyond reasonable community standards and outrageous, inflicted emotional distress. She also sued him in the U.S. District Court for the Southern District of Ohio in December 1998.

Mallory also sued DeLong - along with OU officials and students - in the District court in November 1998.

These lawsuits stem from DeLong's 21st birthday in 1997. She and Mallory drank Uptown and then had sex in a James Hall shower. DeLong says she was too drunk to consent, but Mallory's criminal trial ended in a hung jury.

"(The Mallorys) are claiming State Auto has a duty to defend Mallory because he unintentionally hurt the girl," said State Auto attorney William Christensen. "We are asking the court to decide if we have a duty to defend him."

by Jenny Applegate