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Appellate Court of Illinois, First District, First Division

September 8, 1997, Decided

No. 1-95-2348


 [*449]   [**934]   [****479]  JUSTICE O'BRIEN delivered the opinion of the court:

The defendant, Interstate Fire Insurance Company (Interstate), appeals from orders entered on cross-motions for summary judgment in a declaratory action determining (1) that the repeated sexual molestation of a minor by a negligently supervised priest affiliated with the plaintiff, the Roman Catholic Diocese of Joliet, Illinois, a trust (Diocese), constituted a single "occurrence" under policies issued by the defendants, and that (2) Interstate must indemnify the Diocese for all sums of money over and above a $ 75,000 self-insured retention (SIR) and $ 100,000 in primary insurance provided jointly by Underwriters at Lloyd's of London (80%) and Centennial Insurance Company (20%) (collectively referred to as Lloyd's). We reverse.

The underlying [***2]  lawsuit arose out of a sexual relationship between a priest affiliated with the Diocese and, a female minor resulting in criminal action against the priest and a civil action against the Diocese for negligent supervision of the abusive priest. The Diocese reached a settlement in the civil action and made payments of $ 300,000 to the minor and $ 150,000 to the minor's parents for parental loss of consortium.

Thereafter, the Diocese filed this declaratory action seeking reimbursement from its insurers. The complaint alleged, inter alia:

"9. That in July of 1985, an 'accident, or happening, or event' took place which resulted in personal injury to an individual, who alleged that the proximate cause of the injury was the alleged negligence of the Diocese, which negligence also allegedly resulted in aggravating the injury in August of 1986."

A review of the policies attached to the complaint reveals that the Diocese maintained the following insurance coverage:

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292 Ill. App. 3d 447 *; 685 N.E.2d 932 **; 1997 Ill. App. LEXIS 649 ***; 226 Ill. Dec. 477 ****

THE ROMAN CATHOLIC DIOCESE OF JOLIET, INC., a Trust, Plaintiff-Appellee, and ALAN GODFREY LEE, for Himself and as Representative of Certain Underwriters at Lloyd's, London, Signatory to Policy No. IL 1052 and CENTENNIAL INSURANCE COMPANY, Defendants-Appellees, v. INTERSTATE FIRE INSURANCE COMPANY, Defendant-Appellant.

Subsequent History:  [***1]  Released for Publication November 10, 1997.

Prior History: Appeal from the Circuit Court of Cook County. No. 88 CH 10547. Honorable Everette A. Braden and Thomas P. Durkin, Judges Presiding.

Disposition: Reversed; summary judgment in favor of appellant.


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Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, General Overview, Materiality of Facts, Appeals, Standards of Review, De Novo Review, Summary Judgment Review, Standards of Review, Supporting Materials, Insurance Law, Coverage, Triggers, Torts, Procedural Matters, Multiple Defendants, Distinct & Divisible Harms