Day care’s insurer sues over liability in boy’s death
An insurance company filed a federal lawsuit asking a judge to decide whether it has to pay a settlement after the death of a toddler left in a hot day-care van in Orlando in August, according to court records.
Myles Hill, 3, died Aug. 7 when he was left in a van for nearly 12 hours outside Little Miracles Academy. An employee is accused of picking him up from his home in the morning, but failing to check whether he had gotten out of the van after parking. He was found dead inside the vehicle that evening.
Hudson Special Insurance filed suit Oct. 30 seeking judgment on whether it has a duty to pay for a settlement or legal battles for Little Miracles Academy.
Eleven days after his death, Hill’s mother, Chiel Banks, and grandmother, Brenda Watts, asked the day care and their insurance company to settle with them confidentially for $1 million, according to court documents.
The insurance company pointed to an exclusion in Little Miracles’ policy that allows it to deny coverage for claims involving a vehicle, the documents said. Hudson said the day care’s auto insurer already paid its policy limit — the amount of which was not disclosed — to Myles’ family, according to court documents.
Hudson Specialty also proposed that the employee who left Myles in the van “may not fall within the definition” of someone insured under the policy.
That employee, Deborah Denise St. Charles, has been charged with aggravated manslaughter for her alleged actions leading to Myles’ death, according to court documents.
Police investigating the case conducted an experiment to find out how hot the van may have been during the child’s death. Officers found temperatures climbed to about 144 degrees, according to court documents.
The Florida Department of Children and Families shut down the day care after Myles’ death.
The legal battle with the insurance company is not the only litigation Myles’ family is involved with regarding the toddler’s death. On Aug. 15, Myles’ estate filed a lawsuit against the day care, owner Audrey Thornton and St. Charles.
St. Charles is being held at the Orange County Jail without bond.
Watts — who was Myles’ legal guardian — also filed a document claiming Myles’ father, Bakari Mallica Hill, was not Hill’s biological father and did not have a claim for any money that would come from a suit, documents said.