Diocese, insurer argue settlement

COLUMBUS - The Roman Catholic Diocese of Columbus wants an insurance company to pay part of its settlement with the family of a retarded man who said he was sexually abused by clergy members.

The Ohio Supreme Court heard arguments Tuesday in the case pitting the diocese and Bishop James Griffin against Interstate Fire & Casualty Company of Chicago.

The case involves allegations that clergy members sexually abused a mentally retarded man from Hamilton County at a church-run home in Wakefield more than 15 years ago. Wakefield is 80 miles east of Cincinnati.

A 21-count lawsuit filed by the man's family in 1993 charged the diocese with negligence by alleging that two members of the Little Brothers of the Good Shepherd abused the man between 1980 and 1985 and infected him with HIV, the virus that causes AIDS. The man has since died, allegedly of the disease, the family said in an amended version of the lawsuit.

The lawsuit proceeded after the diocese unsuccessfully argued that the religious brothers working at Good Shepherd weren't under the diocese's control or supervision.

The diocese settled the family's lawsuit for an undisclosed amount. Other insurance companies covered a portion of the diocese's liability, said Robert Schuler, a lawyer representing the diocese.

The hearing Tuesday addressed the diocese's request that Interstate pay its portion of the insurance coverage for the settlement.

The Supreme Court previously ruled that, under Ohio law, acts of sexual molestation are intentional and hence not covered by insurance policies. Neither side disputed that ruling.

The arguments hinged on whether the diocese's insurance policy should cover injuries arising from allegations of sexual abuse.

A ruling is expected by winter.