Bishop of Charleston v. Century Indemnity Co.

225 F. Supp. 3d 554, 2016 U.S. Dist. LEXIS 188462
CourtDistrict Court, D. South Carolina
DecidedAugust 31, 2016
DocketCivil Action No. 2:14-1289-RMG
StatusPublished
Cited by2 cases

This text of 225 F. Supp. 3d 554 (Bishop of Charleston v. Century Indemnity Co.) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bishop of Charleston v. Century Indemnity Co., 225 F. Supp. 3d 554, 2016 U.S. Dist. LEXIS 188462 (D.S.C. 2016).

Opinion

ORDER

Richard Mark Gergel, United States District Court Judge

This matter is before the Court on Defendant Century Indemnity Company’s [558]*558(“Century”) motion for partial summary judgment as to loss of consortium claims (Dkt. No. 69), motion for partial summary judgment as to all class action and certain individual claims (Dkt. No. 72), motion for partial summary judgment as to pre-May 6, 1965 claims (Dkt. No. 73), and motion to exclude the testimony of William Hager (Dkt. No. 74). For the reasons set forth below, the Court grants the motion for partial summary judgment as to loss of consortium claims, denies the motion for partial summary judgment as to all class action and certain individual claims, grants in part the motion for partial summary judgment as to pre-May 6, 1965 claims, and denies the motion to exclude the testimony of William Hager.

I. Background

Plaintiffs the Bishop of Charleston as a corporation sole and the Bishop of the Diocese of Charleston in his official capacity (together, the “Diocese”) seek reimbursement from Century for $11.5 million paid to settle claims arising from sexual abuse of minors by the Diocese’s clergy. The abuse at issue occurred over the approximate period 1943 to 1986. (Am. Compl. Ex. 1, Dkt. No. 1-1 at 18-22.) The settlements of claims arising from that abuse occurred between 19941 and the present, including a multimillion-dollar settlement of three class actions (which also settled three individual actions), executed on January 12, 2007. (Id.; Settlement and Arbitration Agreement, Dkt. No. 71-1.)

The parties agree that Century’s predecessor-in-interest, Insurance Company of North America,2 issued the Diocese occurrence-based insurance policies covering the periods May 6,1965 to May 6,1968 (policy CP2831), May 6, 1968 to May 6, 1971 (policy CP10065), and May 6, 1971 to May 6, 1979 (policy CP044874). (Am. Compl. ¶ 5, Dkt. No. 1-1 at 15; Answer ¶ 5, Apr. 14, 2014, Dkt. No. 4 at 1-2.) The Diocese alleges that an additional policy, CGL132981, covered the period May 6, 1962 to May 6,1965. (Am. Compl. ¶ 5, Dkt. No. 1-1 at 15.) Century denies the existence of CGL 132981. (Answer ¶ 5, Dkt. No. 4 at 1-2.) There is no claim of coverage before May 6,1962.

The Diocese was first notified of the sexual abuse claims relevant to this action in 1989.3 The Diocese argues that those claims were “promptly reported” to its insurer, Century, “who over the next 6 years responded with a pattern of delay, avoidance, and denial of the claims.” (Dkt. No. 84 at 3.) Century denies that, and argues [559]*559that the Diocese’s failure to provide notice of claims before settlement vitiates coverage for those claims. (Answer ¶¶ 6-8, Dkt. No. 4 at 2; Dkt. No. 72-1 at 13-15.) The Diocese also alleges that Century “routinely denied requests for settlement authority” and refused to participate in settlement discussions, which “evolved into a practice where the Diocese undertook to negotiate and settle the claims and then seek reimbursement without prejudice to having settled without consent”—a practice to which the Diocese claims Century agreed. (Dkt. No. 84 at 6-8; see, e.g., James C. Geoly Letter to Cody Smith, Dec. 19, 1997, Dkt. No. 71-14.) Finally, the Diocese argues that Century directed the Diocese to litigate charitable immunity and statute of limitations defenses, a strategy that the Diocese believes would have exposed it to excess judgments. (Dkt. No. 84 at 7.) However, the judge who approved the class action settlement, the Honorable Diane S. Goodstein, described those as “significant legal defenses” that might bar class members’ claims. (Order Approving Settlement, July 30, 2007, Dkt. No. 71-2 at 14.)

The Diocese’s interrogatory responses show that it first notified Century, of some claims “pre-April 1995.” (Pis.’ Answer Def.’s Interrogs. Ex. A, Dkt, No. 94-1.) Century was notified of those claims before they settled. (Id.) On April 8, 1998 and again on February 20, 2000, the Diocese notified Century of certain other, already-settled claims. (Id.) The Diocese then concluded that “it was a waste of time to seek prior approval” from Century (Dkt. No. 84 at 8), and so it did not again provide Century with notice of any claims until June 17, 2011, when it notified Century both of certain other, already-settled individual claims and of the class action settlement executed almost three and a half years earlier (Pis.! Answer Def.’s In-terrogs. Ex. A, Dkt, No. 94-1).4

The Diocese filed this action in the Charleston County Court of Common Pleas on February 27, 2014, and amended the complaint on March 27, 2014 (Dkt. No. 1-1.) Attached to the amended complaint as Exhibit 1 is a spreadsheet detailing “Pre-1970 Sexual Abuse Claims.” (Dkt. No. 1-1 at 18-22.) Century, asserting diversity jurisdiction, removed to this Court on April 4, 2014 (Dkt. No. 1) and answered the complaint on April 14, 2014 (Dkt. No. 4). On November 5, 2014, the Court denied as untimely Century’s motion to amend its answer to assert a statute of limitations defense six weeks after the deadline for amending pleadings. Century asserted that it mistakenly understood the Diocese to be seeking indemnification only for the 2007 class action settlement and not for earlier any settlements. The Court denied that motion, noting that Century’s argument contradicted the fact that its answer referenced Exhibit 1 to the amended complaint, which details many pre-2007 settlements. (Dkt. No. 21 at 4.)

Discovery is now complete and this action is scheduled for a bench trial commencing October 24, 2016. Before the Court are Century’s three motions for partial summary judgment. Century seeks summary judgment as to loss of consortium claims (Dkt. No. 69), arguing that there was no liability for filial consortium claims and that no consortium claims were within the scope of coverage. Century seeks summary judgment as to all class action and certain individual claims (Dkt. No. 72), arguing that the Diocese failed to notify Century of those claims.' Century [560]*560seeks summary judgment as to pre-May 6, 1965 claims (Dkt. No. 73), arguing that no coverage existed before May 6, 1965. Also before the Court is Century’s motion to exclude the testimony of William Hager (Dkt. No. 74), filed before the parties agreed to a bench trial. The Diocese identified Mr. Hager, formerly Commissioner of Insurance of the State of Iowa, as an expert in insurance industry practices.

II. Legal Standard

Summary judgment is appropriate if a party “shows that there is no genuine dispute as to any material fact” and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). In other words, summary judgment should be granted “only when it is clear that there is no dispute concerning either the facts of the controversy or the inferences to be drawn from those facts.” Pulliam Inv. Co. v. Cameo Props., 810 F.2d 1282, 1286 (4th Cir. 1987). “In determining whether a genuine issue has been raised, the court must construe all inferences and ambiguities in favor of the nonmoving party.” Health-South Rehab. Hosp. v. Am. Nat'l Red Cross, 101 F.3d 1005, 1008 (4th Cir. 1996).

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Bluebook (online)
225 F. Supp. 3d 554, 2016 U.S. Dist. LEXIS 188462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-of-charleston-v-century-indemnity-co-scd-2016.