BishopAccountability.org
	Diocese Suffers Judicial Setback By Jack Flynn The Republican March 23, 2007 http://www.masslive.com/metrowest/republican/index.ssf?/base/news-8/117463463530020.xml&coll=1 Springfield — In a legal setback for the Roman Catholic Diocese of Springfield, the Massachusetts Appeals Court has upheld a lower court ruling requiring the diocese to turn over thousands of pages of documents from sexual abuse claims to its insurance companies. In an 11-page ruling, Justice Fernande R.V. Duffly ordered church officials to turn over most of the 7,000 pages of documents at the center of a two-year legal skirmish. The judge rejected claims that most of the documents were protected from public disclosure due to religious autonomy and spiritual guidance exemptions in state laws. But Duffly sided with the diocese by ruling that some of the documents could remain sealed under lawyer-client privilege. The ruling - which affects more than 35 cases involving alleged abuse by priests dating back to the 1960s - echoes the findings of Superior Court Associate Justice John A. Agostini in an 11-page decision handed down in December. The diocese is suing six insurance companies to get coverage for claims by people who said they were sexually abused by priests. In 2004, the diocese settled a suit involving 46 other claimants for more than $7 million. A spokesman for the diocese, Mark E. Dupont, said church officials are reviewing yesterday's ruling. "Clearly, we are disappointed," said Dupont, adding that it was too early to speculate on the diocese's next move. "We remain focused on the insurance companies' obligation to honor their obligations; that can't get lost in this sideshow," he said. Greenfield lawyer John J. Stobierski, who represents 20 people with abuse claims, said the decision represented a rebuke to legal strategy used by the diocese to shield itself from public scrutiny. Stobierski urged the diocese to drop any further appeals and settle with its insurers, a step that would allow abuse complaints to be resolved. "The victims have been caught up in this litigation grinder between the insurance companies and the diocese," said Stobierski. The insurance companies are North Star Reinsurance Co.; Travelers Property Casualty Co.; Underwriters at Lloyd's London Centennial Insurance Co.; Interstate Fire and Casualty Co.; Massachusetts Insurers Insolvency Fund; Colonial Penn Insurance Co. The insurers have argued the documents sought will enable them to see how the diocese has handled claims of sexual abuse by priests, and whether it fulfilled its obligations to protect the public. The diocese could appeal further to the Massachusetts Supreme Judicial Court, a step that Stobierski said would only inflate legal bills and drag out resolution of the case. Dupont said the insurance companies can speed up the process by agreeing to honor their contracts. Lawyers for several of the insurance companies could not be reached for comment yesterday. Contact: jflynn@repub.com
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