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  Insurance Co. Says No Coverage for McGuire

Chicago Sun-Times
November 29, 2007

http://www.suntimes.com/news/metro/674221,mcguiresuit112907.article

The insurance company for the Chicago Jesuits that employed convicted child molester Rev. Donald J. McGuire filed a suit Thursday stating it is not liable for defending the convicted priest or settling the lawsuits filed against him.

Empire Indemnity Insurance Company filed the suit in Cook County Circuit Court against McGuire, the Chicago Province of the Society of Jesus, as well as McGuire's alleged victims -- John Does 116, 117, and 118.

The company is seeking declaration that they have no duty to defend or cover McGuire for any of the suits filed by McGuire's alleged victims. John Doe 116 filed a lawsuit against McGuire and the Jesuits on Aug. 21, while John Does 117 and 118 filed a joint lawsuit on Oct. 26.

The insurance company claims the Jesuits knew of McGuire's pedophilia as early as 1969 and because they knew of his condition the policy does not cover McGuire, among several other reasons, the suit said.

Three umbrella policies were provided to the Jesuits from Nov. 30, 2002 to 2003, then again from 2003 to 2004 and 2004 to 2005. The allegations of abuse by the three John Does does not fall under the coverage period, the suit claims.

The company claims that liability or suits seeking damages for physical and sexual abuse are excluded from coverage in the insurance policy. According to the suit, McGuire does not even qualify as insured through the Jesuits because he is only covered for acts within the scope of his employment.

Empire Insurance also claims that assault and battery are excluded from coverage because of the nature of policy. Empire says even if McGuire does qualify as being covered in the policy, it would still not apply because of allegations of bodily injury McGuire is accused of.

The Chicago Jesuits have presented McGuire with a dismissal decree from the order, which still needs Vatican approval to become official. McGuire said he has appealed to the Vatican not to allow the dismissal. McGuire has been living in an Oak Lawn apartment while appealing a seven-year prison sentence in the Wisconsin conviction. He's been jailed three times for violating the terms of his release and now wears an electronic monitor, according to Sun-Times reports.

On Friday, McGuire is scheduled to appear for a preliminary examination in U.S. District Court before Magistrate Judge Arlander Keys at 9:30 a.m. on federal charges alleging he sexually molested minor boys, including one who lived with him in Evanston and accompanied him on interstate and international religious retreats.

 
 

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