Chicago Ins. Co. v. Archdiocese of St. Louis, et al., No. 12-4012 (8th Cir. 2014)
Annotate this CaseAfter CIC denied the Archdiocese's demand for secondary excess carrier coverage, CIC filed suit seeking a declaration that its policy did not provide coverage for the underlying wrongful death litigation. On appeal, the Archdiocese challenged the district court's grant of summary judgment in favor of CIC. The court concluded, under Gibson v. Brewer, that the Archdiocese did not affirmatively establish that it was legally liable for the conduct alleged in the wrongful death claim and the court concluded that the Archdiocese was not entitled to indemnity coverage under CIC's policy. The court rejected the Archdiocese's remaining arguments and affirmed the judgment of the district court.
Court Description: Civil case - Insurance. In action seeking indemnification for sexual abuse claims settled by the Archdiocese, the district court did not err in finding there was no coverage under the policy in question because the Archdiocese could not be held legally liable for the claims under current Missouri Supreme Court precedent; since the Archdiocese could be held legally liable for the claims it settled, it had failed to prove that a defined loss had occurred.
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