Evanston Insurance Company has filed a lawsuit against the Roman Catholic Bishop of Orange, California, seeking a court order to limit its payout related to sex abuse allegations involving priests.
The insurer, which is the successor in interest to Associated International Insurance Company, wants a judicial declaration that the $4 million aggregate limit of liability set forth in their policy applies to all molestation claims made against the Orange Diocese. This includes both past and current allegations.
The insurance company also seeks a declaration that a complaint filed by an individual identified as John OC-5 Doe against the Orange Diocese is not covered by their policy. According to Evanston, the basis upon which Doe sought to impose liability on the Diocese did not arise out of an occurrence, which is a required condition for coverage under their policy.
The lawsuit also seeks reimbursement of any amount paid by Evanston in connection with the settlement of Doe's case if such payment is not covered under their policy.