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  Judge Will Preside in Church Case

By Bill Zajac
Republican [Springfield MA]
June 26, 2005

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.

The diocese settled 46 claims of clergy sexual abuse last summer with 46 other claimants for $7.7 million. The bulk of the settlement was paid with diocesan funds that the diocese hopes to replenish with money from insurance carriers through a settlement or court decision.

The Most Rev. Timothy A. McDonnell, the bishop of the Springfield Diocese, said he wants to be fair in settling claims. But until he knows insurers' obligation in claims, McDonnell said he cannot assure alleged victims that the diocese can equal last summer's average settlement of $168,478.