N.L. church failure to disclose abuse 'voids' insurance
Insurance firms would refuse to give any money to a man alleging abuse by priest
Last Updated: Thursday, February 3, 2011 | 1:19 PM NT
CBC News
The Roman Catholic Basilica of St. John the Baptist is one of the buildings owned by the Roman Catholic Episcopal Corporation of St. John's. (John Gushue/ CBC)Two insurance companies say they cannot be held responsible for any financial compensation from a civil lawsuit by a man alleging he was sexually abused by a priest with the Roman Catholic Episcopal Corporation of St. John's.
Guardian Insurance and the Insurance Corporation of Newfoundland say the church failed to disclose key information, so they aren't obligated to pay the alleged victim if he is awarded compensation.
“[The church] was specifically aware of the sexual misconduct of the 'priest' and failed to disclose that knowledge to the company when the policy was taken out," The Insurance Company of Newfoundland said in documents filed in court in 2009.
Guardian said "this failure to disclose was…a material misrepresentation which voids the policy."
Roman Catholic Priest James Hickey seen here in eastern Newfoundland with Pope John Paul II in 1984. (CBC)The alleged victim, named John Doe in court documents, claims he was sexually assaulted by a priest, James Hickey, decades ago.
"Hickey sexually assaulted the plaintiff, which assaults included acts of fondling, oral sex and anal intercourse upon the person of the plaintiff," said the statement of claim.
The document also alleges the church failed to protect the man who claims he was victimized while he went to school in St. John's. None of the allegations has been proven in court.
"The archbishop and the Roman Catholic Episcopal Corporation of St. John's knew or ought to have known of the actions, activities and propensities of James Hickey having been previousl given information as to his sexual misconduct before stationing him at the aforesaid Holy Rosary parish in 1979," according to the statement of claim.
Lawyer Greg Stack is representing a man from the St. John's area who claims he was repeatedly abused by a priest in eastern Newfoundland. (CBC)Over the past two decades, the church and its insurers have paid out millions of dollars to victims of sexual abuse by priests.
Greg Stack, the lawyer representing the man suing the church, told CBC News that if the companies won't pay any compensation if it’s awarded, he'll go after the church for the money.
"In 2001, the church's business manager indicated that they had between $10 [million] and $12 million sitting in their bank account ... so we don't think the insurance is needed," Stack told CBC News.
His client doesn't specify how much he is seeking in damages in his statement of claim. The court document asks the court to determine what compensation would be appropriate.
He is asking that his court costs and exemplary and punitive damages are paid by the defendants.
Corrections and Clarifications
- A previous version of this story incorrectly stated that the alleged victim is from Trepassey, N.L. The alleged victim is from the St. John's area. Feb. 3, 2011 | 3:15 p.m.
Share Tools
Latest Nfld. & Labrador News Headlines
- Torbay Road stabber sentenced to two years less a day
- David Harrington has been sentenced to two years less a day plus three years probation for stabbing a woman on Torbay Road in February. more »
- Dunderdale calls lack of EI consultation 'disturbing'
- Newfoundland and Labrador Premier Kathy Dunderdale says the federal government's planned overhaul of the employment insurance regime shows it is out of touch with unemployed Canadians. more »
- Seasonal workers anxious about changes to EI system
- People who depend on industries that are not year-round are worried about the potential impact of new employment insurance rules rolled out by Ottawa. more »
- Employment Insurance review boards to be scrapped
- The federal government is scrapping two review boards used by people appealing decisions made about their employment insurance. more »
Top News Headlines
- Everest victim's husband says family not seeking government help
- The husband of a Toronto woman who died trying to climb Mt. Everest on Saturday says his family is not seeking government help to cover the cost of bringing his wife's body home. more »
- Employment Insurance review boards to be scrapped
- The federal government is scrapping two review boards used by people appealing decisions made about their employment insurance. more »
- Teens share bullying tales in confession booth
- Raw stories about bullying emerged when a video booth was set up inside a Quebec high school. more »
- Serial carjacker gets life term for fatal crash
- An Ontario judge was moved to tears while delivering a life prison sentence to a serial carjacker who killed a woman and injured five others after driving a stolen van into her car during a 2010 police chase. more »
- Industrial area of Goose Bay evacuated as fire burns
- Seasonal workers anxious about changes to EI system
- Scores of cats removed from Corner Brook house
- Bonavista, N.L., 'coyote' was really wolf, tests confirm
- MD shouldn't take away client's drugs in jail, says lawyer
- Safe-breaker confesses to committing crime ... in 1987
- Off-base: Penashue misspeaks on 5 Wing title
- Atlantic Lottery replacing old VLTs
- Gallivanting moose turns St. John's into a steeplechase

