Just days before a $5 million wrongful death, negligence lawsuit is set to begin against the City of Youngstown, the city’s insurance company has filed a lawsuit saying it shouldn’t have to pay if any damages are awarded.

U.S. Specialty Insurance Company of Texas has filed a “breach of policy” civil lawsuit in U.S. District Court against the city and Cheryl Durig of Newton Falls.

Durig is the executor of the estate of Thomas Morar who died in April 2019, one year and nine months after a tree fell on the motorcycle he was riding along Oak Street Extension near Early Road.

On June 14, 2019, Morar’s estate filed a negligence and wrongful death suit against Youngstown, claiming it was responsible for Morar’s death because the city owns the property where the tree was located.

The insurance company alleges that the city failed to inform them about the lawsuit until April 7 of this year, two years, and nine months after it was filed.

According to the insurer's lawsuit, provisions in the liability policy require that the city is required to notify U.S. Specialty Insurance as soon as practicable of any “occurrence” that may result in a claim and any claim or “suit” brought against any insured.

Youngstown’s law department has not yet filed an answer to the insurance lawsuit.

As for the negligence lawsuit, the city is asking an appeals court to delay the trial which is scheduled to begin next week.