The Archdiocese of New York believes its insurers should cover the Church’s losses in clergy molestation cases.

The nation’s largest diocese has filed more than 30 lawsuits demanding that insurance companies cover any judgments the church is ordered to pay as a result of pending lawsuits filed by victims of sexual abuse by Catholic clergy.

The legal action comes in the wake of New York’s new Child Victims Act, which removes the statute of limitations on sexual abuse cases. Complaints against the Church are expected to be filed starting in August, when the new law takes effect.

Insurers Already Balking

The Archdiocese has had liability coverage for more than 70 years. But in light of potential settlements or judgments that could cost billions of dollars, a number of insurance companies have already said they will not pay for clergy molestation. In response to one of the Archdiocese’s first claims involving a victim who was abused 40 years ago, Chubb Ltd., the parent company of the Insurance Co. of North America (INA), informed the Archdiocese that that the victim’s alleged injuries were “expected and/or intended from the standpoint of the archdiocese.”

In other words, the Church should have expected that some of its clergy would abuse minors and allegedly failed to take action to protect them.

The Archdiocese Responds

In its lawsuit against Chubb and INA, the Archdiocese says that the insurers “lack a reasonable basis to deny the duty to defend the archdiocese…and ignore the terms of the insurance policies.” The complaint also claims that the impending lawsuits don’t allege “that the archdiocese unequivocally expected or intended all of the alleged injury.”

The Child Victims Act and Clergy Abuse

New York’s “Child Victims Act” (CVA) was signed into law by Gov. Andrew Cuomo in February 2019. The bill amended current statutes that put a five-year limit on criminal prosecution for sex crimes against minors and gave victims only until age 21 to file a civil suit. Beginning this August, victims previously prohibited from filing lawsuits because of statutes of limitations will have a one-year period in which they can file a claim, regardless of when the events were alleged to have taken place.

The CVA also allows victims to file a lawsuit at anytime prior to their 55th birthday.

First Step in Addressing Global Crisis

Other states are following New York’s example and enacting similar legal reforms. Thus far, 10 other states, including New Jersey and Pennsylvania, have passed legislation extending or removing statutes of limitations in clergy molestation cases and other sexual crimes, according to northjersey.com. A number of other states are reportedly considering similar bills.

The issue of clergy molestation extends beyond the United States. Priests in countries all over the world have been accused and convicted for sex crimes against children, and the Boy Scouts of America are facing potentially more than $1 billion in liability over similar allegations by leaders in the organization.

This article is not legal advice. It is presented
for informational purposes only.