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Old 11-19-2011, 06:32 PM   #20
Dion
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Default Church abuse cases and lawyers an uneasy mix

Quote:
What surprised them was the admonishment from the church's insurance company. And it wasn't the church's lapses in responding to the abuse a half-decade ago that bothered the insurer — it was the church's plan to admit those lapses and apologize to the victims.

The insurance company's position was clear: On March 23, a lawyer hired by the company, GuideOne Insurance, sent a warning to church officials: "Do not make any statements, orally, in writing or in any manner, to acknowledge, admit to or apologize for anything that may be evidence of or interpreted as (a suggestion that) the actions of Vienna Presbyterian Church … caused or contributed to any damages arising from the intentional acts/abuse/misconduct" by the youth director.

But in a letter sent to congregants the next day, the church's governing board, known as a Session, took a different course.

"Members of Staff and of Session are profoundly sorry that VPC's response after the abuse was discovered was not always helpful to those entrusted to our care," the letter said.
Quote:
Common religious tenets of atonement — admitting mistakes, accepting responsibility, apologizing — often run counter to the legal tenets of avoiding self-incrimination and preserving all avenues of defense against potential lawsuits.

"This sort of conflict is happening all the time," says Jack McCalmon, a lawyer whose company, the McCalmon Group, is hired by insurers to help churches set up abuse-prevention programs.

"The church is in the business of forgiveness, of being forthright and open and truthful, but that often creates liability in a world that's adversarial, in the judicial world," McCalmon says.

Meanwhile, he adds, insurers are in the business of limiting liability. "So, the insurance company has a contract with the church that says, 'If we're going to put our assets on the line, we want you to perform in a way that protects our assets and interests.'"
http://www.usatoday.com/news/religio...insurers_n.htm
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