Insurance company opts out of brawl suit

The insurance company for one of the men sued for a 2005 brawl death, says it doesn't have to take part in the lawsuit because it was told about the fight too late.

Travelers Personal Insurance Co. filed paperwork with the court declaring it does not have a duty to defend Matt Muszynski.

The St. Charles resident is one of 15 people being sued by the Elgin family of Nicholas Swanson, 20, who was killed Feb. 12, 2005 during a brawl in Plato Township.

The insurance company, which holds a policy on the home of Muszynski's parents, said failure to give written notice to the insurance agent of the fight disqualifies Musyznski from coverage.

The policy also excludes "bodily injury" caused by the insured, which could have been anticipated and was not a result of self defense or defending property.

The Swansons are seeking more than $50,000 in damages claiming the 15 men encouraged the fight that left Nicholas dead.

No one was ever charged with striking the fatal head blow to Nicholas.