Solicitor: insurer spent over $50,000 defending suit; policy cap reached

During public comment, a resident asked whether the township could recover costs if it prevailed in pending lawsuits. The Solicitor (S2) responded that there is one pending case, "Stephen Humber v. Henriclay Township," and said the insurer has already spent more than $50,000 defending the suit. "So now the taxpayers will have to pick up the dime," the Solicitor said, explaining that once the insurer's policy limit is reached additional defense costs fall to the township.

The Solicitor added that courts can award attorney fees only in circumstances where a claim is found to be vexatious or where a statute or contract provides for fee shifting; absent that the township generally cannot recoup defense costs from plaintiffs. The board did not vote on any litigation strategy or recovery motion during the meeting; the Solicitor said the insurance company had hired defense counsel and was handling the case until policy limits were exhausted.

The transcript uses the name "Henriclay Township" for the defendant; subsequent reporting and the township's records use the official name "Henry Clay Township." The article uses the corrected township name where appropriate and notes that the transcript contains variant spellings.