The Incident
First-In: Heroic Rescues
Death Toll Rises to 97
At Least 96 Dead in Inferno
Rescuers Struggle with Horror
Fire, Smoke Turns Club Into Hell
Discuss the Warwick Tragedy
The Aftermath
FBI Agent to Review Corruption Allegations
Group To Fundraise For Memorial
Two Dozen Defendants Added
R.I. To Release More Tapes
Judge: 911 Calls 'Secret'
Lawsuit From Nightclub Fire Filed
Consultants Fault Lack Of Planning
Judge: Evidence Will Be Preserved
Gag Order Sought in Club Fire
Changes to Safety Laws Since Fire
Few Changes After Club Blaze
Web Site Comforts RI Patients
RI Gov. Orders Strict Inspections
2 Families Sue in RI Club Blaze
RI Nightclub Claims May Total $1B
RI Nightclub Death Toll Rises to 98
Victims Face Long Recovery
All But 4 Victims ID'd
Thousands Mourn Victims
IDs Could Take Days
Family, Friends Search
9/11 Widow Reflects
Survivors Recall Heroic Acts
The Investigation
Patron Capacity Unclear in RI Fire
Band Member Testifies
RI Reports Don't Mention Foam
Fire Inspector Report Released
Post-9/11 Drills Aid Club Rescue
Federal Team Launches Probe
Grand Jury Begins Probe
Brannigan: Inspectors Ready?
Investigation Ramps Up
Investigators Check Soundproof
Pyrotechnics Examined in Clubs
Disasters Prompt Inspections
Sprinklers Not Required
Nightclub Up to Code Before Fire
Town Withholds Records
RI Begins Inspections
No Warning of Pyro Use
Pyrotechnics Usually Safe
Atty: RI Club Rep. OK'd Pyrotech.
Fire Challenges State Atty. Gen.
IDs Weighed Heavy on Dentists
FEMA Denies Disaster Aid for Fire
Photos & Video
IBS Scene SlideShow
ABC: The Fire Starts
WJAR Video Feedroom
History of Tragedies
Carter: History Strikes Again
Fire, Life Safety Laws in Front
Tragedy Recalls Cocoanut Grove
Worst Club Tragedies
Nightclub Disasters Too Familiar
List: Worst Club Tragedies
Related Sites
West Warwick Fire Department
Warwick Fire Department
FH Network: Rhode Island
Providence Journal Coverage
PROVIDENCE, R.I. (AP) -- Station nightclub owners Jeffrey and Michael Derderian have filed suit against their insurance company in an effort to force it to cover the costs of their criminal defense.
The Derderians each face 200 charges of involuntary manslaughter, two for each of the 100 people killed in the Feb. 20, 2003, fire at their West Warwick club.
They are represented by a high-profile legal team that includes former state Attorney General Jeffrey Pine and Boston lawyer Richard Egbert, who has represented a host of prominent Rhode Island figures in recent years, including former Gov. Edward DiPrete and former Providence Mayor Vincent ``Buddy'' Cianci Jr.
In a suit filed in Superior Court more than two months ago, the Derderians claim Essex Insurance Co., which provided liability insurance for The Station, has an obligation to pay the fees of their criminal defense lawyers, because if they are found guilty, under Rhode Island law, a civil judgment establishing their liability will automatically be entered against them.
The policy Essex issued the Derderians included ``a defense in connection with any suit seeking damages for bodily injury or property damage to which the insurance applies,'' Thomas Dickinson, a lawyer for the Derderians, told The Providence Journal.
``Because a verdict against each defendant in the indictments would result in the imposition of civil judgment for liability and damages ... each indictment constitutes a 'suit' under the terms of the Essex policy,'' the lawsuit states.
Essex, a Virginia-based company, said it is not responsible for the Derderians' criminal defense, because ``such coverage is not authorized under the relevant insurance policy contracts and is contrary to the settled law and public policy of Rhode Island.''
The company filed a counterclaim last month and is requesting a jury trial on the matter. In answering the Derderians' lawsuit, it lists 26 reasons why it should not pay for the brothers' defense. Among them: that ``the Derderians failed to exercise ordinary care for the security of their own position and their own well-being.''
At the time of the fire, The Station had $2 million in liability coverage with Essex, with a per-occurrence limit of $1 million. The policy also has a medical expense limit of $1,000 for each person injured.
In addition to the 100 killed, the fire at The Station injured more than 200. It started when pyrotechnics used during a performance by the band Great White ignited highly flammable foam placed around the stage as soundproofing.
The pyrotechnics were allegedly set off by Dan Biechele, the former tour manager for Great White, who is under indictment on the same charges as the Derderians.
