Free Newsletter
Court of Appeals — Sex Abuse — Civil Liability: Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Company of Pittsburgh, PA
By: Daily Record Staff//May 21, 2013
Court of Appeals — Sex Abuse — Civil Liability: Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Company of Pittsburgh, PA
By: Daily Record Staff//May 21, 2013//
Listen to this articleNew York State Court of Appeals
Sex Abuse — Civil Liability
Multiple Occurrences — Apportionment
Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Company of Pittsburgh, PA
No. 69
Judge Rivera
Background: At issue was the apportionment of liability for a settlement between the plaintiff and a minor plaintiff in an underlying civil action charging sexual molestation by a priest. On appeal is whether the multiple occurrences of sexual abuse should be apportioned among the several insurance policies, pro rata.
Ruling: The Court of Appeals affirmed. The court found that the multiple incidents were not part of a singular causal continuum. Further, the definition of “occurrence” in the policies contemplates exposure to toxic materials, not sexual assault. Finally, a pro-rata allocation is consistent with the language of the policies.
David B. Hamm for the appellants; Barbara I. Michaelides for the respondent
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
Polls
Loading ...