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The Clergy Sex Abuse Crisis and the Legal Responses$
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James T. O'Reilly and Margaret S.P. Chalmers

Print publication date: 2014

Print ISBN-13: 9780199937936

Published to Oxford Scholarship Online: October 2014

DOI: 10.1093/acprof:oso/9780199937936.001.0001

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Church Insurance and Abuse Claims

Church Insurance and Abuse Claims

Chapter:
(p.81) Chapter 7 Church Insurance and Abuse Claims
Source:
The Clergy Sex Abuse Crisis and the Legal Responses
Author(s):

James T. O’Reilly

Margaret S. P. Chalmers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199937936.003.0007

Insuring churches was a sleepy subset of the casualty carriers‘ business until clergy sex cases and huge payouts led insurers to exclude abuse. Lawyers still push limits of coverage, and dioceses that face denial and hostility by carriers may have to pay without the benefit of insurance. If because of previous claims made against a diocese, the cost of continuing insurance coverage becomes prohibitive, dioceses may choose to retain insurance coverage by participating in special pools. The chapter also covers the exclusion from policies of liability for sexual abuse claims and the difficulties that may be encountered in determining which insurance policy is involved in cases going back years over multiple policies.

Keywords:   liability, abuse exclusion, known loss, excess coverage, denial, vicarious liability

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