UPDATED: Dec. 28, 12:12 p.m.

An appeals court upheld a ruling on Friday that an insurance company must cover the cost of subpoenas for Syracuse University in connection to the Bernie Fine investigation.

State Supreme Court Justice Donald Greenwood ruled in March that the National Union Fire Insurance Company of Pittsburgh, SU’s insurance carrier, had to pay for the subpoena costs. The university said completing the subpoenas cost millions of dollars.

The appellate court “unanimously affirmed” Greenwood’s decision Friday, according to court documents.

National Union insured SU under a Not-for-Profit Individual and Organization Insurance Policy, which covers losses associated with certain civil, criminal, administrative and regulatory proceedings. The two parties disagreed whether the subpoena costs were covered under that policy.

The subpoenas requested were in connection to the investigation of Bernie Fine, a former associate head men’s basketball coach who was accused of sexually assaulting two former ball boys. Fine was never charged but was fired in November 2011.

Kevin Quinn, senior vice president for public affairs at SU, declined to comment.

SU’s lawyer, Kenneth Frenchman, and National Union’s lawyer, Robert Novack, both did not respond to a phone call and email inquiry seeking an interview. National Union also did not answer a phone call requesting an interview.

Published on December 27, 2013 at 8:20 pm

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