OneBeacon Insurance v. Archdiocese of Milwaukee (In re Archdiocese of Milwaukee)

523 B.R. 655
CourtDistrict Court, E.D. Wisconsin
DecidedNovember 5, 2014
DocketBankruptcy No. 11-20059-svk; No. 14-C-840
StatusPublished

This text of 523 B.R. 655 (OneBeacon Insurance v. Archdiocese of Milwaukee (In re Archdiocese of Milwaukee)) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
OneBeacon Insurance v. Archdiocese of Milwaukee (In re Archdiocese of Milwaukee), 523 B.R. 655 (E.D. Wis. 2014).

Opinion

DECISION AND ORDER

RUDOLPH T. RANDA, District Judge.

In this appeal, OneBeacon Insurance Company argues that the bankruptcy court abused its discretion by denying On-eBeacon’s request for relief from the automatic stay in the underlying chapter 11 bankruptcy proceedings involving the Archdiocese of Milwaukee. OneBeacon requested relief from the stay so the Wisconsin Supreme Court could consider whether [657]*657to grant or deny the Archdiocese’s Petition for Review from an appellate court ruling that certain sexual abuse claims filed in Wisconsin State Court were not covered by OneBeacon insurance policies. For the reasons that follow, the bankruptcy court abused its discretion in refusing to lift the automatic stay.

I. Background

Prior to its bankruptcy filing, the Archdiocese of Milwaukee was involved in a' series of lawsuits arising out of allegations of sexual abuse committed by former priests. In these actions, abuse victims alleged causes of action against the Debtor for negligence, negligent misrepresentation, and fraud. The Debtor tendered the defense of the state court actions to various insurance companies, including One-Beacon. For most of these cases, OneBea-con accepted the tender and defended the Debtor pursuant to a reservation of rights.

In each of Í3 separate state court cases, the plaintiffs alleged that the Debtor represented that children were safe in the presence of priests despite high-ranking personnel having knowledge of the priests’ history of sexual abuse. OneBeacon moved to intervene in each of the proceedings in the State Court Litigation and, reserving all other potential coverage and policy defenses, requested a declaration of no coverage. OneBeacon also moved to bifurcate and stay the liability and damages portions of the State Court Litigation so that the coverage issue could proceed. Those motions were granted, although certain limited discovery on liability and damages was allowed, for which OneBeacon paid defense costs.

Two trial courts found that the negligent misrepresentation claims did not trigger insurance coverage under the OneBeacon policies because the facts underlying the complaints did not constitute “occurrences” as defined by the insurance policy. The parties stipulated to the same result in the remaining state court proceedings, and the Debtor pursued a consolidated appeal. On November 23, 2010, the Wisconsin Court of Appeals affirmed, concluding that the allegations underlying the plaintiffs’ complaints constituted volitional acts and not accidents that would be covered under the policy. On December 23, 2010, the Debtor filed a petition for review with the Wisconsin Supreme Court. One-Beacon’s response to the petition was due on January 10, 2011, but the response was never filed because the Debtor filed for bankruptcy on January 4, 2011, thus activating the automatic stay.

The Debtor did not request any defense costs from OneBeacon until September 27, 2012, asking for limited defense costs directly related to certain claims. To date, OneBeacon has paid more than $400,000 in costs to the Debtor. On December 30, 2013, the Debtor demanded that OneBea-con pay more than $2.6 million in additional costs incurred from the petition date up to December 2013. Fees continue to accrue that the Debtor would charge to One-Beacon.1

On January 22, 2014, OneBeacon moved for relief from the stay in the bankruptcy court. That same day, the Archdiocese filed an adversary proceeding seeking recovery of its $2.6 million demand for payment from OneBeacon. The Court with[658]*658drew the reference of this case from the bankruptcy court. Archdiocese of Milwaukee v. OneBeacon Ins. Co., Case No. 14-C-264.

On February 12, 2014, the Debtor filed its proposed chapter 11 plan of reorganization. If the plan is confirmed, the Debt- or’s rights to pursue recoveries from One-Beacon and other insurers (other than the rights at issue in Case No. 14-C-264) would be assigned to an insurance litigation trust that benefits abuse survivors.

On June 5, 2014, the bankruptcy court issued an order denying OneBeacon’s motion to lift the stay. The court expressed concern that if it lifted the stay and allowed the appeal to proceed, the Debtor would be “saddled with the time and expense of pursuing the appeal, at a critical juncture in this Chapter 11 case, when the Debtor should be focused on negotiating with the creditors to achieve confirmation of the plan.” Memorandum Decision at 5. The bankruptcy court also explained that the delay “is not permanent: the Debtor conceded that the automatic stay will terminate at plan confirmation. The' confirmation hearing is currently scheduled for October 2014. Under the circumstances of this complex case, this short additional extension of the stay while the case proceeds to confirmation ameliorates the consequences of the delay suffered by One-Beacon.” Id. Finally, the bankruptcy court noted that OneBeacon was likely to succeed on the merits, but that this factor alone did not outweigh “the other considerations favoring the Debtor and the estate.” Id. at 7 n. 2.

Thus, in denying OneBeacon’s motion to lift the stay, the bankruptcy court seemed to expect that the confirmation hearing was more or less imminent. Two weeks later, however, the bankruptcy court ruled that it lacked jurisdiction to confirm the Debtor’s proposed reorganization plan because the terms of the plan required settlement of the contentious Cemetery Trust litigation that is currently pending in the Seventh Circuit Court of Appeals following this Court’s ruling that the Religious Freedom Restoration Act sheltered the Cemetery Trust funds from suit. Thus, the confirmation hearing has been delayed indefinitely. See June 20 Memorandum Decision and Order at 12-13 (“The Court remains hopeful that the confirmation process need not completely grind to a halt until the appeal is decided. Notwithstanding the importance of the Cemetery Trust Litigation provisions in the plan, there are other issues that could be addressed during the pendency of the appeal.... Alternatively, the Debtor could modify the plan to remove the Cemetery Trust Litigation provisions or alter those provisions in a manner that is acceptable to the Committee”). The bankruptcy court’s ruling that' it lacked jurisdiction to dismiss the Cemetery Trust litigation is currently pending on appeal before Judge Adelman. Case No. 14-C-848.2

II. Analysis3

The filing of a bankruptcy petition operates as a stay of “the commence[659]*659ment or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement” of the bankruptcy case. 11 U.S.C. § 362(a)(1). This “automatic stay” provision is “designed to protect debtors from all collection efforts while they attempt to regain their financial footing.” Kimbrell v. Brown, 651 F.3d 752, 755 (7th.Cir.2011). However, the automatic stay is not sacrosanct. Section 362(d) of the Bankruptcy Code provides that on “motion of a party in interest and after notice and a hearing, the court shall grant relief from the stay ... such as by terminating, annulling, modifying, or conditioning such stay ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
523 B.R. 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/onebeacon-insurance-v-archdiocese-of-milwaukee-in-re-archdiocese-of-wied-2014.