Chapter 22 - The ClearPath settlement
ClearPath’s insurer covered professional negligence claims but contested intentional conduct because Diane acted outside their instructions.
Our theory:
Consent verification failure.
Failure to escalate concerns.
Negligent continuation of coaching relationship.
Their theory:
Diane’s independent criminal acts superseded.
Both had merit.
Marjorie agreed in deposition:
“If I had spoken to Emily on day one, services would have stopped.”
“Yes.
If I had known Diane lacked consent, yes.”
That was causation.
Then:
“If you had reported after Noah’s bruise?”
“I cannot say what agency would have done.”
Correct.
Settlement:
ClearPath and insurer paid:
$240,000
to resolve Noah’s professional-negligence claims.
No admission ClearPath caused physical abuse.
Marjorie personally contributed? Insurer handled most. No need.
Settlement funds again subject to minor-settlement court approval.
The court approved structured access for future therapy/education expenses with safeguards.
Not a secret fortune.
Not life-changing wealth.
Compensation for harm and future uncertainty.
Then ClearPath announced policy:
Direct parent verification by live call or secure electronic signature.
No caregiver-only enrollment for minors.
Any request involving restraint immediately terminates coaching and triggers safety review.
May you like
It should have existed before Noah.
Now it did.
