YOUNGSTOWN, Ohio (WKBN) – The city of Youngstown could be on the hook for a $5 million lawsuit if the city’s insurer gets its way.

According to court documents, U.S. Specialty Insurance Company (USSIC) of Texas is asking the Northern District Court of Ohio to remove it from liability in the lawsuit because the company says the city never told the company about it and that the city made several errors in filing responses in the case.

The issue surrounds the April 2019 death of Thomas Morar. Morar was riding his motorcycle on Early Road on June 17, 2017, when a tree fell on him. He died two years later.

A wrongful death lawsuit was filed on June 14, 2019, by Morar’s executor Cheryl Durig, against the city claiming that the city owns the tree and property in which it was rooted.

According to USSIC, the city must provide the insurance company with notice as soon as it can about any occurrence that may result in a claim or lawsuit. However, the insurance company claims that the city did not tell USSIC about the lawsuit until April 7, 2022, almost five years after the accident and nearly three years after the lawsuit was filed.

Durig is asking for $5 million in the lawsuit. A jury trial is set for May 15. The city filed a motion May 5 asking for a stay in the case pending an appeal. According to court documents, the court has not ruled on the motion.