According to court documents filed Monday in Los Angeles Superior Court — and obtained by PEOPLE — New York Marine and General Insurance Company believe they are under no obligation to defend the singer in his current lawsuits in Georgia and California or any potential lawsuits that may come down the road.
Among their list of reasons, New York Marine claims the policy between them and Usher “does not apply to ‘bodily injury’ … arising out of the transmission of any communicable diseases by insured.”
Furthermore, New York Marine claims the policy expressly states that New York Marine “does not provide coverage for an ‘insured’ who has a. intentionally concealed or misrepresented any material fact or circumstance.”
The company also says Usher never made mention of the fact he settled a prior lawsuit in 2012 for $1.1 million over the same issue.
New York Marine is asking the court to rule that they are not obligated to defend Usher in the Georgia lawsuit, the California lawsuits or any future lawsuit that may arise involving the transmission of the herpes virus.
The company has begun defending him in the Georgia case until a judge rules, and is asking to be reimbursed for any expenses they incur in the meantime, should they prevail in this case.