Cardinal Dolan - Photo by ZENIT - Deborah Castellano Lubov on ground in Krakow

Cardinal Dolan takes insurer to court for non-compliance in sexual abuse cases

The lawsuit, spearheaded by Cardinal Timothy Dolan, alleges that Chubb has shirked its responsibility to cover the financial agreements connected to these abuse claims, despite receiving billions in insurance premiums from the archdiocese over many years.

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(ZENIT News / NY, 10.05.2024).- In a dramatic escalation of the ongoing financial and moral reckoning over clerical abuse within the Catholic Church, the Archdiocese of New York has filed a lawsuit against its long-standing insurance provider, Chubb. The archdiocese accuses Chubb of failing to fulfill its contractual obligations, leaving the Church to shoulder the costs of settlements related to clerical abuse claims—an issue that has plagued the institution for decades.

The lawsuit, spearheaded by Cardinal Timothy Dolan, alleges that Chubb has shirked its responsibility to cover the financial agreements connected to these abuse claims, despite receiving billions in insurance premiums from the archdiocese over many years. In a letter to the faithful, Cardinal Dolan expressed deep frustration with the insurer, emphasizing that while the Church has already resolved over 500 abuse cases without insurance support, there are still approximately 1,400 outstanding cases that need attention.

“Our priority has always been to bring peace and healing to survivors by resolving all valid claims as swiftly as possible,” Dolan wrote. “However, Chubb—our main insurer for decades—having received over $2 billion in premiums, is now attempting to evade its legal and moral responsibility to resolve covered claims.”

At the heart of the dispute is Chubb’s argument that the abuse was «expected or intended» by the Church, a claim that, if proven, would invalidate insurance coverage. Cardinal Dolan strongly rejected this assertion, calling it “false” and “scandalous,” and accusing the company of prioritizing its profits over justice for survivors.

The lawsuit, filed under New York’s General Business Law, accuses Chubb of engaging in deceptive business practices, alleging that the insurer has failed both the Church and the survivors of abuse by refusing to pay out on claims covered under their policy. The archdiocese argues that Chubb’s actions have stalled the resolution process, prolonging the pain and suffering of abuse survivors.

Chubb Fires Back: A War of Words

Chubb’s response to the lawsuit has been aggressive and pointed, turning the spotlight back on the Church. In a forceful statement, the insurance company accused the Archdiocese of New York of decades-long complicity in the sexual abuse of children. “The Archdiocese tolerated, concealed, and covered up rampant child sexual abuse for decades,” the statement read. Chubb further alleged that the Church is withholding financial information related to what it knew about the abuse, framing the lawsuit as an attempt by the archdiocese to «deflect, obscure, and evade responsibility.»

Chubb’s stance suggests that the Church, despite its considerable wealth, is attempting to minimize its own financial burden in compensating survivors, shifting the blame onto its insurer. The legal battle has thus taken on an additional layer of complexity, raising questions about accountability, transparency, and moral obligation on both sides.

 A Wider Context: Compensation Models in Other Nations

The clash between the Archdiocese of New York and Chubb comes against a backdrop of different approaches to handling sexual abuse claims across the globe. Notably, New Zealand operates under an entirely distinct model, with its Accident Compensation Corporation (ACC) handling claims for sexual abuse without the need for victims to pursue lawsuits against individuals or institutions.

Under New Zealand’s no-fault compensation system, any person who suffers injury—including psychological harm—due to abuse can apply for compensation directly from the ACC. This system alleviates the financial burden on institutions like the Church, as the government agency, rather than the Church or its insurers, takes responsibility for compensating victims.

In stark contrast, the U.S. system often sees victims forced to pursue lengthy and painful legal battles to secure settlements, with institutions like the Church and their insurers locked in disputes over financial responsibility. The current litigation between the Archdiocese of New York and Chubb highlights the challenges of this adversarial approach, where survivors can be left waiting for justice as insurance companies and the Church spar over liability.

Moving Forward

As the lawsuit unfolds, the conflict between the Archdiocese of New York and Chubb underscores the broader, ongoing struggle within the Catholic Church to come to terms with its history of abuse and its financial responsibility to survivors. For many, the case represents more than just a legal battle—it symbolizes the Church’s efforts to restore credibility and demonstrate accountability in the eyes of both the faithful and the public.

Whether the courts side with the archdiocese or Chubb, the outcome will likely set a precedent for how future abuse claims are handled, both within the Church and by the insurance industry at large. For now, however, the focus remains on the survivors, who continue to wait for resolution and healing, caught in the middle of a legal and financial tug-of-war.

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Tim Daniels

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