Court rules against insurer in sex case
Toolbox
By Josh O'Gorman STAFF WRITER - Published: April 27, 2009
MONTPELIER — The Vermont Supreme Court reversed a decision that would have protected an insurance company from potentially having to pay damages to victims of sexual assault.
Friday, the Supreme Court ruled that Windsor County Superior Court had erred when it granted summary judgment to Virginia Surety Co., which had issued a policy to Adventure Quest Academy of Brownsville indemnifying the school against charges of sexual abuse.
In 2002, Peter Drutchal, 55, pleaded no contest in White River Junction District Court to two counts of aggravated sexual assault. He received a 20-to-30-year sentence and is jailed in Kentucky.
According to court records, Drutchal, who is also known by Peter Kennedy and Peter Drutchal-Kennedy, repeatedly assaulted two boys in his care between 1994 and 2000.
In 1989, Drutchal founded Adventure Quest as a summer camp, and by 1996 it was a full-fledged school known as Adventure Quest Academy. The school emphasized outdoor pursuits such as kayaking and rock climbing and Drutchal led class trips to the base camp of Mount Everest and to Machu Picchu. He also used outdoor gear, sponsorships and trips to leverage sexual favors from two boys, who were between 10 and 16 years old when Drutchal assaulted them, records state.
Records state in 1994, Drutchal took out an insurance policy from Virginia Surety Co. that provided coverage from sexual abuse claims. The policy excluded anyone who committed abuse or who failed to stop abuse after learning about it, records state. Records state Drutchal abused the boys before, during and after the policy was in effect between 1994 and 1996.
Records state one of the victims and the estate of the other victim sued Adventure Quest for negligence, and the insurance company argued it should not be liable because Drutchal personally participated in the abuse and because he had knowledge of it. Superior Court agreed with the second point and granted summary judgment on the insurance company's behalf.
The Supreme Court reversed this decision, stating material facts remain in dispute. While Drutchal founded the school, at some point in the 1990s it was incorporated as a nonprofit corporation with a board of directors. Drutchal served at various times as executive director and board member, and the Supreme Court ruled it is not clear Drutchal should be excluded from the insurance policy.
Attorneys for the parties could not immediately be reached for comment.
josh.ogorman@rutlandherald.com
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