Indy archdiocese can’t collect sex-abuse legal fees from insurer

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An insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated with defending claims of sexual abuse.

Judge Jane Magnus-Stinson of the District Court for the Southern District of Indiana on Thursday dismissed with prejudice the archdiocese’s claim for $250,000 from Travelers Insurance. A final judgment will be issued accordingly.

The archdiocese sued two insurers in Roman Catholic Archdiocese of Indianapolis v. Travelers Insurance Co. and Gallagher Bassett Insurance Services, 1:12-CV-JMS-DKL. The archdiocese claimed breach of contract because Travelers denied coverage for legal fees associated with the claims of 16 people who said they were molested by a Jeffersonville priest in the 1950s and 1960s. The claims alleged negligence and fraudulent concealment of abuse, among other things.

Travelers moved to dismiss in October on grounds the archdiocese failed to timely notify the insurer of the alleged sex-abuse victims’ claims that arose beginning in 2002 and ultimately were resolved in June 2006, when the claims in Clark Circuit Court were dismissed because they exceeded the statute of limitations.

The archdiocese claimed it was entitled to relief from Travelers “because of the unique circumstances that hindered the Archdiocese from providing immediate notice.”

“It is undisputed that the Archdiocese did not notify Travelers of the Underlying Actions until July 30, 2007, over a year after the actions had been resolved,” Magnus-Stinson wrote. “Because Travelers does not have any obligation to the Archdiocese until it was first notified of the Underlying Actions, and all of the defense fees and costs were incurred prior to the Archdiocese’s tender of notice of Travelers on July 30, 2007, Travelers is not responsible for defense fees and costs incurred prior to that time as a matter of law.”

Eight men and eight women sued the archdiocese between 2002 and 2004, claiming they were abused between 1953 and 1969 by Rev. Albert Deery, pastor of St. Augustine Catholic Church in Jeffersonville. Deery died in 1972.

There has been no ruling to date on the claim against Gallagher Bassett, the archdiocese’s other named liability carrier.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.