Husel sues Mount Carmel's parent company over covering his legal costs

William Husel appears in court during a pre-trial hearing - July 18, 2019 (WBNS-10TV)

COLUMBUS, Ohio - 10 investigates has learned that Dr. William Husel is suing Mount Carmel's parent company, Trinity Health Corporation, in a dispute over the cost of covering his legal bills.

According to this federal lawsuit, attorneys for Dr. Husel say that Trinity's insurance carrier has covered the cost of the wrongful death lawsuits filed in wake of the patient overdose scandal but is refusing to cover the costs for Husel's criminal trial.

Husel is facing 25 counts of murder. He's accused by prosecutors of giving too much fentanyl to patients under his care.

Husel has pleaded not guilty to the charges.

A judge on Wednesday set a June 1 trial date and Jose Baez was introduced as one of Husel's new attorneys along with Diane Menashe.

While Baez acknowledged that Husel reached out to him about representing him in the criminal matter, how it was going to be paid for was not asked nor discussed. This new federal lawsuit appears to make clear that Husel was hoping his insurance policy through Mount Carmel would cover the costs of both the civil and criminal proceedings.

The lawsuit states Trinity Health and its insurer “considered and denied Dr. Husel’s claim to advance and indemnify the costs of a defense in a criminal matter, even though… they have defended Dr. Husel in 36 separate and district civil proceedings arising from the same allegations. THC has therefore, breached its duty to defend separate and apart from (the insurer) breaching its obligation to indemnify.”

It goes on to state: "Absent the advancement of defense costs, Dr. Husel will not be able to defend himself and prove his innocence in the criminal case and his defense will be significantly less than he otherwise would be able to present than if THC and TAL complied with the obligations under the applicable insurance policies."

In an August 5 letter sent to Dr. Husel’s civil attorneys, Trinity Health notes “the insurance company has analyzed coverage for the criminal indictments in the criminal matter…”

It goes on to state “…you do not quality as an insured under the policies because you are being charged with “purposeful murder,” which is outside the scope of your duties as an employee of Mount Carmel and therefore, there is no coverage available to you..”

The lawsuit is also asking that a judge approve a reimbursement for no less than $75,000 dollars that Husel has already spent in legal fees.

Husel's new attorneys, Diane Menashe and Jose Baez, declined to comment. So did a spokeswoman for Mount Carmel Health System.