Monthly Archives: August 2024

The Archdiocese Lawsuit Against Insurers Dismissed Without Prejudice

On August 13, 2024, the Archdiocese voluntary dismissed its lawsuit against insurers related to insurance coverage issues. The case was dismissed without prejudice which means that the Archdiocese may re-file the complaint and re-start the case in the future. The Archdiocese voluntarily dismissed the case as part of an agreement made between the Committee, the Archdiocese, and the insurers to begin the process of mediation. The parties also agreed that if mediation stalls, the Archdiocese lawsuit against the insurers can start up again, and the Committee may be included as a formal party to that lawsuit.

Mediation Will Start Soon

The Committee, the Archdiocese, and Insurers in the case have reached an agreement on the process by which mediation (settlement negotiations) can begin. The parties agreed on two mediators, Judge Robert Faris and Mr. Brian Nash, and the Insurers will be allowed to choose a third mediator with specific expertise on insurance issues. The agreement also included a dismissal of the Archdiocese’s lawsuit against its insurers regarding insurance coverage issues, but the parties agreed that the Archdiocese’s lawsuit could be restarted if mediation stalls. Finally, the parties agreed that, if the lawsuit against the insurers starts up again, the Committee will be included as a formal party to the lawsuit. The Committee’s direct involvement in the lawsuit will provide greater rights for Survivors in determining whether Survivor claims must be paid by insurance companies.  

The Committee is optimistic about this agreement and believes it will positively impact mediation and reduce delay.  As the parties negotiate, the Committee will focus on getting the largest monetary settlement possible for Survivors and on improving the Archdiocese’s existing policies and guidelines to protect children.

During mediation, the Committee will need to keep information about its negotiations with the Archdiocese and the Insurers confidential. This is something that the Court requires. Survivors sometimes find this challenging because they do not have information about how things are progressing. If you have questions, or are experiencing frustration during the mediation, remember that the Committee is made up of seven Survivors, and that they are dedicated to representing all Survivors in the case as effectively as possible. You are also welcome to contact the attorneys for the Committee, or have your own attorney(s) contact us, any time. We always welcome your questions and thoughts.