A Kennebec County Superior Court judge has ordered the Maine State Housing Authority to release information on the homeowner’s insurance policy of Amanda Huard, who is being sued in connection with the death of infant Brooklyn Foss-Greenaway in Fairfield in 2012.
Huard is the mother of 12-year-old Kelli Murphy, who accepted a plea deal in exchange for the state dropping a charge of manslaughter against her in the death of 3-month-old Brooklyn Foss-Greenaway. Murphy was accused of suffocating the infant, who was staying at the family’s house overnight, while her mother was out of the room. Nicole Greenaway, of Waterville, Brooklyn’s mother, has since filed a lawsuit against Huard alleging negligence, but efforts to move forward with the suit have been stalled by failed attempts to locate Huard and serve her with paperwork. Sheriff’s deputies have made multiple attempts to locate Huard at her home in Fairfield and an apartment in Jay, but have been unable to locate her. Ultimately, the judge in the case allowed Huard to be served by publishing a notice of the suit in local newspapers.
Sheldon Tepler, Greenaway’s lawyer, has asked that the housing authority, which currently holds the mortgage on the property, release information on the policy that covers Huard’s Fairfield home. Tepler believes the insurance company could help find her, and the policy could pay damages to Greenaway.
Neither Tepler nor Stephanie Williams, an attorney for the Maine State Housing Authority, could be reached for comment late Monday.
In an email to Williams filed in court, Tepler stated that Huard was “nowhere to be found” and that she did not respond to efforts to contact her through newspaper ads. The housing authority initially denied the request, saying that it considered the insurance information to be financial records.
However, the court ruling from Justice Robert Mullen, dated last Thursday, states that Greenaway’s lawyer is entitled to know if there is a homeowner’s policy that could pay damages in the suit. The judge also ruled that Huard is considered to have been served in the case because of the publication of the notice in the newspaper and because a copy of the complaint had been left at her address. In documents filed in court, Tepler said he was concerned that if Huard defaulted on her obligation to answer the suit, the insurance company could cite her lack of cooperation and refuse to defend her or pay damages.
The civil lawsuit against Huard and her daughter claims 13 counts of negligence and states that Brooklyn’s death has continued to cause feelings of loss and emotional suffering for the Greenaway family.
“It’s a terrible thing, seeing the anguish of a lost child,” Tepler said at the time the suit was filed in June. “The open wound, if you’re lucky, becomes a scar you can live with.”
A hearing on the request from Greenaway’s attorney came on Oct. 10, one day after a Somerset County Superior Court judge issued an order allowing the housing authority to foreclose its mortgage on the Huard property and sell it at auction if Huard doesn’t resolve a delinquency on her mortgage within 90 days, according to documents filed in the Somerset Registry of Deeds.
Rachel Ohm — 612-2368
Twitter: @rachel_ohm
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