Insurance Company Asks Court for Release from Incarcerated Client

Insurance Company Asks Court for Release from Incarcerated Client

A medical malpractice insurance company wants a judge to say that it doesn’t have to pay for the civil defense of a former Arkansas doctor accused of child molestation.

State Volunteer Mutual Insurance Co. of Brentwood, Tennessee, filed the lawsuit last month against Dr. Guy R. Rosenschein in U.S. District Court in Fayetteville.

The lawsuit said that Rosenschein is incarcerated in New Mexico awaiting trial on federal child pornography charges. He lived and practiced in Arkansas between 2001 and 2012.

The insurance company said it insured Rosenschein, but its policy doesn’t cover criminal acts and liability stemming from sexual conduct, whether under the guise of professional services or not.

Last year, in a New Mexico state court, a former patient from Springdale filed a civil suit accusing Rosenschein of child molestation over a four-year period. Rosenschein couldn’t be reached for comment.

State Volunteer Mutual wants a judge to rule it doesn’t have to cover any costs associated with the case. The insurance company is represented by attorneys Gary D. Marts Jr. and Regina A. Young of Wright Lindsey & Jennings of Little Rock.

Rosenschein is charged with possession and distribution of child pornography. He was initially charged in 2016, but a superseding indictment was filed in 2018. He has pleaded not guilty to the charges and earlier this month filed a motion to represent himself in the criminal case.

“A practical point, the medieval facility the government has placed me in is two hours away from Albuquerque and offers very little service: no typewriter, no computer and difficult to obtain supply [sic],” he printed in all caps in his motion. “I do not believe that an exceptional intelligence is expected to allow self-representation, and I think that I should be allowed to go ‘pro se.’”

That motion on his representation was pending as of last week.