Empire Indemnity Insurance Company v. The Chicago Province of the Society of Jesus

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 112346
Decision Date: 
May 13, 2013
1st Dist.
Cook Co.,1st Div.
Affirmed in part and reversed in part; remanded.
Declaratory judgment action as to whether Catholic religious order is insured for alleged molestation of minors by former priest who had also been teacher and scholastic advisor at high school operated by order. Court properly granted summary judgment for insurers as underlying complaint alleged facts that triggered exclusion, and alleged injuries took place outside of effective dates of policies. Plain reading of "supervisory employee" in policy includes president, principal, and headmaster of school, so that exclusion for actual knowledge of sexual abuse by supervisory employees is triggered. Summary judgment improperly entered as to another insurer, because it failed to provide complete copies of its insurance policies. (HOFFMAN and ROCHFORD, concurring.)