Insurer Sues to Reject Claim in Tay Murder

Allstate Insurance Co. insists it isn’t responsible for paying for the pain and hardship endured by the family of an Orange County honors student who was beaten to death, and the company filed a lawsuit Friday to make its point.

The Illinois-based company insures the family of Charles Bae Choe of Fullerton, who was convicted as a juvenile for standing by and watching as four other youths battered Santa Ana High School senior Stuart A. Tay with bats and a hammer in 1992.

All four of the attackers--Robert Chan, Mun Bong Kang, Abraham Acosta and Kirn Young Kim--were tried as adults and convicted.

But shortly before their criminal trial started in January, 1994, Tay’s family filed a civil lawsuit against all five youths and their families. They claimed in court documents that Choe’s parents “recklessly” supervised and guided their son, which led to the death of Tay.

The Choes demanded that Allstate accept liability for any judgment made in the damage suit, according to the latest lawsuit. Allstate, however, claims it has no obligation to defend the family because Tay’s death did not arise from an accident, and insurance policies exclude criminal acts. No decision has been reached in the original civil lawsuit.

Attorneys for Allstate and Choe could not be reached late Friday night.