June 26, 2005

Judge will preside in church case

SPRINGFIELD (MA)
Republican

Sunday, June 26, 2005
By BILL ZAJAC
wzajac@repub.com
SPRINGFIELD - The judge overseeing the consolidated clergy sexual abuse cases in the Roman Catholic Diocese of Springfield has decided to preside over the diocese's legal action against its insurance carriers.

In accepting jurisdiction, Hampden Superior Court Judge John A. Agostini wrote that he will try to expedite the process.

Before Agostini accepted jurisdiction, lawyers involved in the suits expressed concern that if the declaratory judgment action against the diocese's seven insurers ends up in another judge's court, then it could slow down the process. They wanted Agostini to preside over the litigation because he is familiar with the suits.

The process will take longer because one of the insurance carriers, Home Insurance Co., is insolvent. The diocese is taking legal action against the state-run Massachusetts Insurance Insolvency Fund, which covers partial liabilities for insolvent companies.

Meanwhile, as the diocese seeks to have the court determine its insurers' monetary obligation in clergy abuse claims, Agostini has extended a stay halting further action on the suits.

There are 14 unsettled suits and 16 or so unsettled claims that were made directly to the diocese without a lawsuit filing.

Posted by kshaw at June 26, 2005 06:48 AM