Burns Bair Defeats Insurer’s Summary Judgment Motions on the Expected/Intended Defense and Lost Policy Issues In Case Involving Stipulated Judgments for Childhood Sexual Abuse

ST. PAUL, MN — A Minnesota federal court has turned aside efforts by TIG Insurance Company to deny coverage to three sexual abuse survivors who had obtained stipulated judgments against the Missionary Oblates of Mary Immaculate religious order for negligent retention of one of the Catholic Church’s worst sexual predators. This case will now go to a jury trial with a strong signal that insurance funds may be available to compensate victims of sexual abuse even in states that the insurance industry thinks of as having tough standards for showing that sexual abuse incidents are “accidents” covered by general liability insurance policies. Read more

Firm Secures Subpoena of Insurer in Diocesan Bankruptcy 

In arguments before U.S. Bankruptcy Judge Martin Glenn in New York, Burns Bair secured a significant discovery request on behalf of the committee of unsecured creditors of the bankrupt Roman Catholic Diocese of Rockville Centre. The court’s order will allow the committee to gather more information about the financial solvency of a diocesan insurer to indemnify clerical abuse claimants. The insurer, Arrowood Indemnity Co., provided liability insurance with no aggregate limit for several of the years that are relevant to the abuse claims.

Read more about the ruling in Law360 (password-protected) here.