Premium ContentMouse over Home then click on Premium Content for information.After an insurance company denied a claim by a Nebraska pastor's widow, she and the church devised another way to try to collect the money.
Pastor John Green, 49, died in 2009 of carbon monoxide poisoning from a malfunctioning heating system in his church-owned home in Clay Center, Neb. His wife, Cheryl Green, was injured.
She asked the Clay Center Christian Church's insurance company for about $260,000 in lost wages and medical bills, plus about $10,000 in funeral expenses.
Wisconsin-based Church Mutual Insurance Co. sued Cheryl Green in federal court, asking a judge to rule that the insurance company doesn't have to pay because carbon monoxide poisoning is "pollution" and not covered by the church's policy.
A mediation attempt in November failed, so Green and the church decided to work out the matter themselves.
The result was a court-approved agreement that says the church would pay Green $1.8 million — but only if she can collect the money from the insurance company.
The funds would be supplied through a liability policy issued by Church Mutual rather than a life insurance policy.
Pete Wegman, Green's attorney, said the higher dollar amount was arrived at after he had spoken with lawyers and economists on what the appropriate compensation would be.
Wegman said the documents for the agreement between Green and the church were filed Thursday with the Clay County District Court and approved by District Judge Vicky Johnson.
Through a lawyer, Church Mutual declined to comment.
Green is not interested in taking money from the church, Wegman said. She still attends services there and lives in the church-owned home.
"Clay Center Christian Church and Cheryl Green want it known that they have made every effort to work together with a sense of common faith and mutual respect as they both have dealt with the untimely passing of Pastor John Green," said a statement from Green and the church.
Wegman said the insurance company should not have filed the federal lawsuit without alerting Green. "They've not treated widow Green here with any dignity or any respect when she was more than accommodating," Wegman said.
The federal court case is ongoing. Wegman said if a judge rules in the insurance company's favor, Nebraska legislators should look into the case.
He said it seems to be common sense that carbon monoxide is not a pollutant. "I wonder how many homeowners would think that they have coverage if their heating system malfunctions," Wegman said.
Contact the writer:
402-444-1084, roseann.moring@owh.com
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