Developments in Fort Worth this week (III)—Insurance Company Sues Diocese led by Bp. Jack Iker

Posted by Kendall Harmon

From here:
On April 25, 2011 Philadelphia Indemnity Insurance Company, which has issued directors' and officers' liability insurance to the Episcopal Diocese of Fort Worth, sued the break-away faction led since November 15, 2008 by former Bishop Jack Leo Iker. A copy of the complaint, filed in the U.S. District Court for the Northern District of Dallas, is HERE.

Among other things, the complaint seeks a declaration that, based on Judge Chupp's amended summary judgment order signed February 8, 2011 and the Fort Worth Court of Appeals June 25, 2010 opinion that there can be only one Episcopal Diocese of Fort Worth, the Iker-led diocese affiliated with the Anglican Province of the Southern Cone is not an insured under the directors' and officers' liability policy issued by the plaintiff. The complaint described the Iker faction as "a different entity formed by former clergy and members of (The Episcopal Diocese of Fort Worth)" and alleges that this entity "is not a Named Insured and cannot claim benefits of the Policy." The complaint also seeks to halt a pending arbitration concerning the Iker-led diocese's insurance claim for attorneys' fees and defense costs relating to the litigation about the break-away.

The continuing Episcopal Diocese of Fort Worth, still a diocese of The Episcopal Church, is not a party to this new action
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4 Comments
Posted April 30, 2011 at 8:45 am [Printer Friendly] [Print w/ comments]



1. Northwest Bob wrote:

Surprise, surprise!  An insurance company that loves collecting premiums, but balks at the possibility of having to pay a claim.  Wonder who planted this little nugget in their ear?  Could it have been Her Most Reverndship’s legal counsel?
grin
In the Faith,
NW Bob

April 30, 1:53 pm | [comment link]
2. Pageantmaster [Katie bought Welby] wrote:

How very odd:
1. that this information is released from the faux diocese of Fort Worth;
2. that this insurance company has sought a declaration in very much the terms that the faux diocese has sought that the Iker diocese is not the real diocese of Fort Worth;
3. that it comes on the back of attempts by the faux diocese by any means, fair or foul, to run up costs and start any proceedings it can to go around the existing court decisions;
4. that having taken advantage of the provision in the insurance agreement that all disputes are subject to arbitration, they are seeking to go behind the back of the already apparently constituted Arbitration Panel to seek a Court declaration, but still claiming the right to rely on arbitration in the event that they lose.

It all depends on the facts and on the relevant law, but it is all very odd.  One wonders, given the above, whether other dioceses of TEC insure with them, and whether pressure has been applied from the dirty tricks department of David Booth Beers of Goodwin Proctor LLP.  The shysters have been busy, I expect.

I will be interested to see what the Curmudgeon has to say.  Must go and check.

April 30, 2:05 pm | [comment link]
3. Pageantmaster [Katie bought Welby] wrote:

I still think at some time, a serious look into the conflict between the interests of Goodwin Proctor and Beers as a member of that firm, and the interests of TEC who Beers has been acting as both instructing client and lawyer for to channel work and enormous fee income into Goodwin Proctor from TEC should be undertaken.  Also it is worth looking into the oversight arrangements between Katherine Jeffert Schori personally and David Booth Beers personally as this is on the most casual view an arrangement where the conflict of interest inherant in the situation would have led to one to expect that other lawyers would be instructed, rather than money and work channelled into Goodwin Proctor by Beers/Schori.

It stinks.

April 30, 2:12 pm | [comment link]
4. Cennydd13 wrote:

As I’ve said several times, there is no level to which Schori and Company will not stoop in order to win.  This is just another in a long list of shenanigans…..all of which prove that they are getting desperate.

April 30, 5:41 pm | [comment link]
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