Since New York State passed the new Child Victims Act (CVA) last January, forces within the church hierarchy have been anticipating the Catholic clergy abuse lawsuit window opening.

According to CNN, the CVA opens up a one-year window for victims previously timed out by antiquated statute of limitations laws to file civil lawsuits. The Catholic clergy abuse lawsuits filed during this one-year period can be directed toward the perpetrators or people in power within organizations that protected the alleged molesters through various means.

The CVA was signed into law by New York Governor Cuomo in February. An established six month waiting period was built into the law’s verbiage. The one year window then opens up on or near August 14, 2019.

New York Archdiocese Sues Several Insurance Companies In Anticipation of Catholic Clergy Abuse Lawsuits

As indicated in a July 1, 2019 Lohud.com article, the New York Archdiocese has initiated a breach of contract lawsuit against 32 insurers for their failure to honor the claims of abuse victims that have come forward against the church.

The archdiocese covers New York, Bronx, and Richmond, Westchester, Rockland, and other Hudson Valley counties. The action was registered in New York Supreme Court on behalf of several organizations with religious underpinnings such as hospitals and schools.

It is hoped that the lawsuit will answer key questions of liability which will be at the heart of an anticipated wave of litigation against Catholic organizations when the CVA victim’s window opens up in August. The sheer value of pending victims’ lawsuits is expected to threaten the fiscal viability of numerous Catholic organizations if insurance cannot be counted on to uphold its end of the bargain.

The New York archdiocese, according to Lohud.com, claims complete faithfulness over several decades in ensuring all insurance premiums were paid according to associated contracts with the 32 insurance companies in question. Five hundred facilities which include about 300 individual parishes and 200 Catholic schools operated in the associated region and are expected to be affected by legal decisions.

In a separate July 2, 2019 Lohud.com article, the archdiocese’s filing could go one of two ways. The first way would be to win and establish a source of funding for victims’ settlements and verdicts against the Church, as well as funding for organizational legal defense. The second way would be to lose the lawsuit and risk exposure to the massive debt from both costs of fighting litigation and the results.

Another concern regarding the move by the New York archdiocese is the precedent the result might have for other, less financially-endowed dioceses within the region. Its expected that many religious organizations upstate might be so overburdened that it might become necessary to file bankruptcy.

In cases of bankruptcy, settlement payout may become easier for the victims. An ongoing legal battle between the archdiocese and insurance companies may only prolong what has been an already agonizing wait for justice for many survivors, however.

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