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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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