Insurance company to appeal ruling in Ryan Ferguson lawsuit

An insurance company plans to appeal a judge’s ruling that it owes $5.3 million to a Columbia man whose murder conviction was thrown out after he spent 10 years in prison.

St. Paul Fire and Marine Insurance Co., doing business as Travelers Insurance, submitted its notice of appeal to the Missouri Court of Appeals Western District on Monday.

Ferguson was imprisoned for 10 years for the murder of Columbia Daily Tribune sports editor Kent Heitholt before the Missouri Court of Appeals threw out his conviction in 2013, finding prosecutors withheld evidence from the defense.

A federal court awarded Ferguson more than $11 million last year in a settlement after he sued the city of Columbia along with police and prosecutors. The city and its current insurer paid out $2.75 million to Ferguson.

Among the arguments Travelers’ lawyers intend to make are that the city’s policy was not in place when Ferguson was arrested and prosecuted; that the “criminal acts” exclusion applies to claims other than malicious prosecution; that a city self-insurance policy of $500,000 applies to the case; and that the officers named in the suit are not insured under the Travelers policy.

A date for arguments has not been set.