Article created 19 January 2007
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The diocese sued the insurance companies to get them to cover theclaims of 57 people who allege they were sexually abused by priests.
The insurers argued in court that more than 7,500 pages of documentsfrom the church will enable them to see how diocese handled allegationsof sexual abuse by priests and whether it fulfilled its obligation toprotect the public.
In his ruling, Berkshire Superior Court Associate Justice John A.Agostini rejected the diocese' arguments that documents were protectedfrom disclosure under the First Amendment, priest-penitent privilege,religious autonomy and psychotherapist-patient privileges, TheRepublican newspaper of Springfield reported Thursday.
The judge, however, agreed with the diocese that some documents wereprotected by attorney-client privilege. Agostini heard arguments inDecember.
"Speaking for myself, I think you could say we were very pleased,''Adam Simms, a Boston attorney for one of the companies, North StarReinsurance Corp. of Stamford, Conn., told the newspaper.
The diocese is reviewing the decision and may appeal against the ruling, spokesman Mark E. Dupont, told The Republican.
Greenfield lawyer John J. Stobierski, however, was happy with theruling, describing it as "a significant repudiation'' of the positionstaken by the diocese in its efforts to keep the documents secret.
"There were a lot of creative legal arguments that were made and notaccepted by the court,'' said Stobierski, who represents more than 20people with abuse claims.
The Springfield diocese settled claims from 46 other claimants for more than $7 million in 2004.
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