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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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