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Hartford Roman Catholic Diocesan, Corp. v. Interstate Fire and Casualty Co.

United States District Court, D. Connecticut

July 28, 2016

THE HARTFORD ROMAN CATHOLIC DIOCESAN, CORP., Plaintiff,
v.
INTERSTATE FIRE AND CASUALTY CO., Defendant.

          MEMORANDUM OF DECISION

          Janet Bond Arterton, U.S.D.J.

         Table of Contents

         I. Findings of Fact.................................................................................................................................2

         A. The Insurance Policies...............................................................................................................3

         1. Structure of the Policies.............................................................................................................3

         2. The "Occurrence" Clause..........................................................................................................4

         3. Conditions Precedent................................................................................................................4

         4. Time for Filing Suit....................................................................................................................5

         B. The Underlying Claims.................................................................................................................5

         C. Evidence of Notice......................................................................................................................7

         1. Father Crowley............................................................................................................................7

         2. Father Ferguson..........................................................................................................................9

         D. The Claims Handling Process...............................................................................................13

         1. JA................................................................................................................................................13

         2. KS...............................................................................................................................................18

         3. Doe.............................................................................................................................................22

         4. Mallory.......................................................................................................................................27

         II. Conclusions of Law.........................................................................................................................36

         A. Breach of Contract..................................................................................................................36

         1. The Archdiocese's Performance.............................................................................................36

         2. Whether Interstate Breached the Contract...........................................................................55

         3. Ninth Affirmative Defense (the Archdiocese's own Conduct)..........................................65

         B. Covenant of Good Faith and Fair Dealing................................................................................68

         1. JA and KS..................................................................................................................................69

         2. Doe and Mallory.......................................................................................................................70

         C. CUIPA/CUTPA........................................................................................................................71

         1. Unfair Practices in Handling the Four Claims at Issue Here.............................................73

         2. General Business Practices......................................................................................................77

         3. The Final Analysis....................................................................................................................92

         D. Damages....................................................................................................................................93

         III. Conclusion....................................................................................................................................97

         The Court held a bench trial from April 7, 2016 to April 28, 2016 on claims by Plaintiff the Hartford Roman Catholic Diocesan Corporation (the "Archdiocese") that Defendant Interstate Fire and Casualty Company ("Interstate") is liable for breach of contract (Count One), breach of the covenant of good faith and fair dealing (Count Two), and unfair trade practices, in violation of the Connecticut Unfair Insurance Practices Act ("CUIPA"), Conn. Gen. Stat. § 38a-815 etseq., and the Connecticut Unfair Trade Practices Act ("CUTPA"), Conn. Gen. Stat. § 42-110b (Count Three), arising from Interstate's failure to indemnify the Archdiocese for monies it paid to four victims of three of its priests' sexual abuse. For the reasons that follow, judgment is entered in the Archdiocese's favor on Count One, and in Interstate's favor on Counts Two and Three.

         I. Findings of Fact

         Based on the evidence presented during the bench trial, the Court makes the following findings of fact with respect to: (1) the nature of the insurance policies at issue in this case; (2) the underlying claims of sexual abuse; (3) the Archdiocese's knowledge, if any, of the accused priests' pedophilic tendencies prior to the claims of abuse by the underlying claimants; and (4) the claims handling process.

         A. The Insurance Policies

         1. Structure of the Policies

         Between September 1, 1978 and September 1, 1985, the Archdiocese of Hartford, a Connecticut non-profit, charitable corporation encompassing Hartford, New Haven, and Litchfield counties (Jt. Trial Mem., Stip. Findings of Facts ("Stip. Facts") [Doc. # 171] ¶ 1), purchased excess indemnity insurance policies from Interstate as part of its participation in the "Bishops Plan, " which was brokered by Arthur}. Gallagher & Co., later Gallagher Bassett Insurance Service ("Gallagher Bassett"), the Archdiocese's third-party insurance administrator (id. at ¶ 3; see Bishops Plan, Pl.'s Trial Ex. 239). Under this plan, the Archdiocese maintained a Self-Insured Retention ("SIR") for the first layer of coverage; underwriters Lloyds of London and other London Market insurers (collectively "Lloyds") and Centennial Insurance Company provided the first layer of excess insurance; and Interstate provided the final layer of excess coverage.[1] (Stip. Facts ¶ 5.) Interstate's policies followed the form of Lloyds' policies except to the extent that the provisions in the underlying policies were inconsistent with the provisions in Interstate's policies. (See Interstate's Policy, Pl.'s Trial Ex. 2, Part ¶ 1.) As third-party administrator, Gallagher Bassett facilitated the flow of information from the Archdiocese to its insurers, notifying the excess insurance providers when claims had been opened and keeping them apprised of correspondence or events that might affect their coverage analysis and liability. (See Bishops Plan at 15.)

         2. The "Occurrence" Clause

         Under the policies, Interstate agreed to indemnify the Archdiocese "for all sums" that it was obligated to pay "arising out of any occurrence or happening during the period of insurance." (Lloyds' Policy, Pl.'s Trial Ex. 3 § II: Casualty Insurance, Agmt. C.) "Occurrence" was defined as "an accident or a happening or event or a continuous or repeated exposure to conditions which unexpectedly and unintentionally results in personal injury, or damage to property during the policy period." (Id. § II: Definitions (3).)

         In its summary judgment ruling, the Court interpreted these provisions to mean that Interstate was obligated to indemnify the Archdiocese for all sums paid (a) arising out of the Archdiocese's placement of the accused priests in environments where they had the opportunity to abuse children if (b) the Archdiocese did not subjectively know that it was (c) substantially probable that the priests would abuse children. (Ruling on Cross-Mots. Summ. J. [Doc. # 160] ¶ 16-22.)

         3. Conditions Precedent

         Before the Archdiocese can recover under the insurance policies, it is obligated to satisfy certain conditions precedent outlined in the policies. (See Interstate's Policy § V.) These include, as relevant here: (1) the "books or records" provision; and (2) the "proof of loss" provision.

         Under the books or records provision, "the Underwriters or their duly authorized representatives shall be permitted at all reasonable times during the continuance of this Insurance to . . . examine the Assured's books or records so far as they relate to coverage afforded by this Insurance." (Lloyds' Policy § IV.3.) In its summary judgment ruling, the Court interpreted "books or records" to include personnel and Canon 489 files[2] and not solely financial documents. (Ruling on Cross-Mots. Summ. J. at 28-29.)

         The "proof of loss" provision provides: "When it has been determined that Underwriters are liable under this insurance, Underwriters shall thereafter promptly reimburse the Assured All adjusted claims shall be paid or made good to: the Assured within thirty days after their presentation to Arthur J. Gallagher & Co., and acceptance by Underwriters of satisfactory proof of interest and loss." (Stip. Facts ¶ 19; Lloyds' Policy § IV. 11.) Neither Interstate's nor Lloyds' policies define the phrase "proof of loss." (Stip. Facts ¶ 21; see Interstate's Policy; Lloyds' Policy.)

         4. Time for Filing Suit

         Finally, a section of the Lloyds' policies entitled "Litigation Proceedings" provides: "No suit to recover on account of loss under this insurance shall be brought until 90 days after proof of loss shall have been furnished, nor at all unless commenced within twenty seven months from the date upon which loss occurred, if such loss, is within the knowledge of the Assured; if not, the twenty seven months shall begin upon notice to the Assured of such loss or claim." (Lloyds' Policy §IV13.)

         B. The Underlying Claims

         Between August 2010 and May 2012, the Archdiocese settled four claims by individuals (JA, KS, Matthew Doe, and Richard Mallory) alleging that they had been sexually abused by three Archdiocesan priests (Fathers Robert Ladamus, Stephen Crowley, and Ivan Ferguson) when they were children, between 1977 and 1984 or 1985.

         JA reported that he was sexually abused by Father Robert Ladamus when he was a student at St. Mary's Church and School in Milford, Connecticut. (Stip. Facts ¶ 44; see JA Demand Ltr., Pl.'s Trial Ex. 7 at 2.) He alleged that the abuse began when he was in 6th or 7th grade, sometime in 1981 or 1982, in Connecticut as well as on trips to Vermont and Florida, and consisted of "fondling, tickling, ... wrestling, " and exposure. (JA Demand Ltr. at 2)

         KS reported that he was sexually abused by Father Stephen Crowley when he was approximately eight years old and a student at St. Francis of Assisi School in Torrington, Connecticut during the 1981-82 school year. (See Stip. Facts ¶ 72; KS Demand Ltr., Pl.'s Trial Ex. 11 at 3.) The abuse included fondling, mutual masturbation and oral sex. (KS Demand Ltr. at 3-4.)

         Both Richard Mallory and Matthew Doe reported abuse by Father Ivan Ferguson. Mr. Mallory claimed that between November 1977 and October 1978, when Father Ferguson was a teacher at Northwest Catholic High School and was in residence at the rectory at St. Bernard's Church in Tariffville, Connecticut, Father Ferguson fondled him, ejaculated in front of him, and attempted to sodomize him. (See Stip. Facts ¶ 100; Mallory Demand Ltr., Pl.'s Trial Ex. 17 at 4.) Mr. Doe alleged that Father Ferguson abused him from the summer of 1981 to the fall of 1982, when Mr. Doe was approximately 13-14 years old, and Father Ferguson was the Assistant Pastor at St. Mary's Parish in Derby, Connecticut. (See Stip. Facts ¶ 133; Doe Claim Notification, Pl.'s Trial Ex. 23 at 2.)

         C. Evidence of Notice

         Interstate asserts that the Archdiocese was on notice that Fathers Crowley and Ferguson had abused children prior to their abuse of KS, Mr. Doe, and Mr. Mallory.[3] The Court's factual findings with respect to notice are detailed here.

         1. Father Crowley

         The trial record contains evidence that Father Crowley began to abuse children as early as 1975. (See ML Abuse Report, Pl.'s Trial Ex. 39.) However, there is little evidence that anyone at the Archdiocese was made aware of this abuse until March 1983, when a group of parents wrote to Archbishop John Whealon[4] accusing Father Crowley of having abused their children. (See 1983 Ltrs., Pl.'s Trial Ex. 127.).

         While Interstate points to a report of abuse in Father Crowley's Canon 489 file prepared by victim ML's counsel, in which ML alleges that he "believe[d] that the school teachers knew about Crowley's abuses" when he was being abused between 1975 and 1978 (ML Abuse Report), there is no record evidence to corroborate this claim, nor any evidence of who exactly knew what and when.

         Interstate also seeks to draw the Court's attention to an undated letter in Father Crowley's Canon 489 file from the parents of victim DR to Archbishop Whealon, in which the parents claim that Father Crowley abused DR (see 1983 Ltrs. at 1), as well as a 2004 interview report of DR, in which DR claimed the abuse occurred between 1982 and 1983[5] (see DR Interview Report, Pl.'s Trial Ex. 33 at 1). However, absent any indication on the letter of when the letter was written, and because it appears that the letter was one of several letters written by concerned parents following the March 1983 meeting with Archbishop Whealon (see Whealon's Mar. 1983 Mtg. Notes, Pl.'s Trial Ex. 129 (noting parents of DR as attendees)), the Court cannot conclude that the DR letter provided notice to Whealon prior to March 1983.

         Finally, Interstate highlights a 2004 interview report of victim CB by Archdiocese counsel John W. Sitarz, in which he wrote:

[I]n about 1982 or 1983, [CB's] parents, who had been speaking to parents of another student at St. Francis School, asked him whether he had ever been spanked by Fr. Crowley and/or had to pull down his pants for Fr. Crowley. In that context, he told his parents about his experiences with Fr. Crowley. CB's father then began to call the parents of other students to see whether the same type of conduct had occurred with their children. . . . His father and the parents of the other students contacted Archbishop Whealon and actually visited Archbishop Whealon in 1983 to complain about this conduct on the part of Fr. Crowley.

(CB Interview Report, Pl.'s Trial Ex. 36 at 1.) This report, however, offers no evidence that the Archdiocese had notice of Father Crowley's abuse prior to March 1983, as it appears more likely than not that the meeting CB referred to was the March 1983 meeting described above. (See 1983 Ltrs. at 10 (March 27, 1983 letter from CB's parents to Whealon); Whealon's Mar. 1983 Mtg. Notes (noting parents of CB as attendees).)

         2. Father Ferguson

         The Archdiocese claims to have first learned of Father Ferguson's abuse in March 1979. Unlike with Father Crowley, however, the record regarding Father Ferguson does contain sufficient evidence to permit the Court to conclude that several other individual priests had notice of Father Ferguson's child abuse prior to the date claimed by the Archdiocese. Whether that knowledge can be imputed to the Archdiocese is taken up in the Court's conclusions of law below.

         Richard Mallory's mother, Jacqueline Mallory, claims that she told Reverend Thomas Shea, the pastor at St. Bernard's, that Father Ferguson had "made sexual abuses to her son" in the fall of 1978, but that Father Shea told her "not to say anything to anybody" (Interstate Notes re Doe, Pl.'s Trial Ex. 256 at 7; see also Mallory Responses to Interrogs., Def.'s Trial Ex. 540 ¶ 42.) Also in 1978, victim KC, who alleges that Father Ferguson abused him hundreds of times between 1975 and 1978, told his girlfriend, TJ, that Father Ferguson had molested him. (See Rosazza Memo, Def.'s Trial Ex. 727; KC Dep. Summary, Def.'s Trial Ex. 554 at 2-4.) Thereafter, TJ told her mother, Mrs. Carolyn Jolly, what had happened, and Mrs. Jolly brought KC to meet with Father Joseph Donahue, then co-pastor of St. Mary church in Simsbury, Connecticut, so that he could "tell him about the incident." (Rosazza Memo; KC Dep. Summary at 2.) It is unclear from the record exactly what KC told Father Donahue, and there is no evidence that Donahue shared the information gleaned from the meeting with anyone else.

         KC also alleged that Father Shea had observed him and Father Ferguson together on numerous occasions, including on the stairs leading to Father Ferguson's bedroom. (See KC Dep. Summary at 3.) However, he admitted that Father Shea had never witnessed any actual sexual encounters between him and Father Ferguson, and that he never told Father Shea about the abuse. (Id.)

         In early 1979, upon learning that her son had been abused by Father Ferguson, victim BTL's mother called Archbishop Whealon's office "to discuss the matter." (BTL Interview Report, Def.'s Trial Ex. 726.) However, "she never spoke with the Archbishop." (Id.) "She called three times and was finally told by someone at the Chancery to speak to Fr. Joseph Donahue, a priest from St. Mary's in Simsbury, about it." (Id.) Thus, in early 1979, BTL and his mother "went to St. Mary's and told Fr. Donahue about the molestation." (Id.)

         It appears that shortly thereafter, on March 7, 1979, at 6:05 in the morning, Father Ferguson called Father Gene Gianelli, secretary to Archbishop Whealon from 1972 to 1982, and told him that a woman (BTL's mother) had accused him of molesting two boys from St. Bernard Parish in Tarriffville and that the charges were true. (Gianelli Memo Mar. 7, 1979, Pl.'s Trial Ex. 43.) Several hours later, Father Donahue called Father Gianelli to report the same. (Id.) Archbishop Whealon's notes from his conversations with Fathers Donahue and Ferguson the same day state in part: "[Father Ferguson] has been homosexual of nature, has had overt expressions of it intermittently since age 10, has made many promises and has failed. Now alcohol has entered the picture." (Id.)

         Father Gianelli testified that Archbishop Whealon instructed him to contact the House of Affirmation, a rehabilitation facility that treated sexual dysfunction, and get Father Ferguson admitted. (Gianelli Test., Trial Tr. Vol. 2 AM at 148.) However, when he called the House of Affirmation, he learned that it was full. (Id. at 148-49, 154.) He began to call around to various dioceses in the region, seeking recommendations regarding where to obtain treatment for a priest who had molested children in the parish. (Id. at 154-55.) Then-Father (now Bishop) Tom Daly recommended that he contact St. Luke Institute, as did the House of Affirmation. (Id. at 155-56.)

         As recorded in a March 21, 1979 memorandum by Father Gianelli to Archbishop Whealon, Father Gianelli next spoke with Father Dr. Michael Peterson at St. Luke. (See Ltr. re Ferguson Mar. 21, 1979, Pl.'s Trial Ex. 147.) He told him that Father Ferguson had admitted to molesting two boys, that he needed treatment, and that he had been drinking heavily. (Gianelli Test., Trial Tr. Vol. 2 AM at 156-57.) Dr. Peterson agreed to admit Father Ferguson, beginning on March 26, 1979, into a "program [that would] first work with the chemical dependence Father [Ferguson] experiences [and] then w[ould] work on the emotional and psychological problems"[6] (Ltr. re Ferguson Mar. 21, 1979), because as Father Gianelli explained at trial, Dr. Peterson believed that the alcoholism brought about Father Ferguson's child molestation (Gianelli Test., Trial Tr. Vol. 2 AM at 163).

         During Father Ferguson's inpatient treatment, he kept Archbishop Whealon apprised of his progress, writing to him in May 1979 to tell him that the program was "excellent" and that he felt "much progress ha[d] been made in recovery and healing." (Ferguson Canon File Part 1, Pl.'s Trial Ex. 142A a 45.) Dr. Peterson also wrote to Archbishop Whealon, stating that he "certainly appreciate[d] the sensitive nature of the episodes which brought Fr. Ferguson to this rehabilitation facility" while indicating that Father Ferguson had been "working hard on his many problems related to chemical dependency." (Ltr. from Peterson to Whealon Apr. 3, 1979, Pl.'s Trial Ex. 148.)

         When his inpatient treatment ended on July 12, 1979, Archbishop Whealon reassigned Father Ferguson to Laurelton Hall, an all-girls school, where he was to serve as chaplain while residing in the rectory of St. Mary's Parish in Derby, Connecticut. (Ferguson Reassignment Ltr., Pl.'s Trial Ex. 149.) Prior to this reassignment, Archbishop Whealon directed Father Gianelli to disclose to the rectory priests, school principal, and supervisors at Laurelton Hall that Father Ferguson was an alcoholic and that he had just completed a rehabilitation program for alcohol dependency, with no mention to be made about the past child molestations. (See Ferguson Canon File Part 1 at 48.) Father Gianelli testified that he told Father Charles Kennedy, vicar for priests, what he had been instructed to say and could not remember if he mentioned anything about the abuse, nor did he tell Father Fanelli, the superintendent of Laurelton Hall, about Father Ferguson's history of child abuse. (Gianelli Test., Trial Tr. Vol. 2 AM at 167-68.) He also testified that he reassured Father Kvedas, an Archdiocesan priest, that Father Ferguson would enter into a support group. (Id. at 169.)

         While Father Ferguson served as Chaplain at Laurelton Hall, he attended outpatient treatment at St. Luke as well as local sobriety meetings. In January 1980, after returning from his first aftercare workshop, he wrote to Archbishop Whealon to tell him that "[t]hrough God's grace, the program at St. Luke, and the support and understanding of yourself, Fr. Gianelli, and Fr. Joe Donahue, I have been restored to health and sanity. The Resurrection has never been more real." (Ferguson Canon File Part 1 at 53.) On June 24, 1980, Dr. Peterson and an alcoholism counselor at St. Luke Institute wrote Father Kennedy with Archbishop Whealon copied on the letter, to express enthusiastic support for Father Ferguson returning to work in a high school environment. (Id. at 68.)

         Dr. Peterson wrote to Archbishop Whealon again in June 1981 (memorializing a conversation he had had with Whealon a month prior), again expressing his full support for Father Ferguson's reassignment to "a more exciting teaching assignment, " and stating that "it [wa]s his professional opinion that the other issues that brought Father Ferguson to us for treatment will be in control as long as the disease of alcoholism is in control." (Id. at 78.) On June 8, 1981 (effective June 15, 1981), Archbishop Whealon appointed Father Ferguson a full-time Assistant Pastor of St. Mary Parish in Derby, Connecticut. (Id. at 77.)

         D. The Claims Handling Process

         After the victims came forward, the Archdiocese settled each of their claims. Those settlements, as well as the claims handling process as it unfolded between the Archdiocese and Interstate, are detailed below.

         1. JA

         In May 2008, JA's attorney sent a demand letter entitled "JA v. Archdiocese of Hartford et al" to Attorney Sitarz, alleging that JA had been sexually abused on multiple occasions by Father Robert Ladamus. (Stip. Facts ¶¶ 44, 45; see JA Demand Ltr. at 2.) The letter did not assert a claim against the Archdiocese specifically, focusing solely on Father Ladamus's sexual misconduct. (See JA Demand Ltr. at 2.) On June 5, 2008, Mr. Sitarz forwarded this demand letter to Gallagher Bassett (copied to Interstate and other insurers), asking it to open a new claim, and stating that he would "attempt to obtain as much background information ... as possible and keep [it] posted." (Id. at 1.) He also indicated that based on the allegations, the abuse likely began in 1981 or 1982. (Id.)

         Several months later, on July 24, 2008, Mark Darling, Interstate's local counsel, sent Mr. Sitarz a letter entitled, "EGC v. Archdiocese of Hartford" in which he wrote, in relevant part:

I wish to respond to your email... in regard to the EGC matter. . . . Initially, our information was that this claim involved perhaps only a single instance of fondling when the plaintiff was 9 years old, although we understand he has given subsequent statements in which he made vague references to a couple of other fondling incidents in the Rectory.. .. We request that you make your entire file in the EGC matter available to use for review and copying ....
This brings to the forefront what we believe is another significant issue beyond just this particular case, i.e., not providing us with information about the priests involved in these allegations, their records, and the Archdiocese records concerning abuse claims going back before the time of these particular claims through the present. I understand that Mike [Dugan] has asked you for such records concerning Fr. Ferguson, who is the alleged abuser in this and numerous other pending matters, as well as for other alleged abusers.

(Ltr. re EGC Jul. 24, 2008, Pl.'s Trial Ex. 66 at 1-2.) The letter went on to list a variety of documents Interstate sought pertaining to not only Father Ferguson but many other priests as well. (See Id. at 2.)

         Interstate asserts, based on Mr. Darling's testimony, that this letter was a request for documents with respect to not only EGC but all claimants, including JA, KS, Matthew Doe, and Richard Mallory. (See Darling Test., Trial Tr. Vol. 13 AM at 2485-87, 2488, 2491-92; Darling Test., Trial Tr. Vol. 13 PM at 2517.) The Court does not agree. The letter is titled "Re: EGC v. Archdiocese of Hartford" and it is replete with references to the EGC claim. (See Ltr. re EGC Jul. 24, 2008.) Indeed, the only part of the letter that references other claims ("[t]his brings to the forefront what we believe is another significant issue beyond just this particular case") specifies that the letter is in regard to a "particular case, " namely the EGC claim. (Id. at 1.) As such, although there is some ambiguity in the letter, the Court finds that the EGC letter is a request for documents with respect to the EGC claim only, and not, as Interstate argues, with respect to the JA claim or any of the other claims at issue here.

         Returning to the JA claim, on August 18, 2008, Interstate sent Mr. Sitarz a reservation of rights ("ROR") letter, stating that "[b]ased on the information provided, it is [Interstate's] opinion that if the allegations are proven, Fr. Robert Ladamus was acting outside the course and scope of his priestly duties" and therefore "would not qualify as an insured under [the] policy." (JA ROR, Pl.'s Trial Ex. 75 at 2.) The letter went on to reiterate that the "intentional infliction of physical and/or emotional injury falls outside the scope of coverage under the definition of 'occurrence' which generally requires that any such injury or damage for which coverage is claimed neither be expected or intended" and should it be shown that the Archdiocese was on notice of Ladamus's proclivities, this knowledge would void coverage. (Id.) Although it did not ask for any specific documentation, it requested that the Archdiocese keep it "fully informed and apprised of developments as this matter proceeds" and that it be "copied on all pertinent correspondence and pleadings filed and served." (Id. at 4.) Based on the allegations in JA's demand letter, Deborah Sons, Interstate's claims handler, opened claims for three policy periods (Sept. 1980 to 1981, Sept. 1981 to 1982, and Sept. 1982 to 1983). (Stip. Facts ¶ 48; see Emails re JA Oct. 2010, Defs.' Trial Ex. 678 at 3.)

         On April 9, 2010, Mr. Sitarz sent Ms. Sons copies of JA's records from his psychiatrist and his psychologist. (Interstate Notes re JA, Pl.'s Trial Ex. 246 at 5.) In August 2010, he sent Gallagher Bassett, Interstate, and other insurers copies of his interview report of JA (following his August 12, 2010 interview of JA), as requested by Edward Ryan of Gallagher Bassett on June 17, 2010. (Stip. Facts ¶¶ 49-51; see JA Interview Report, Pl.'s Trial Ex. 190; Emails re JA Oct. 2010 at 2-3.) Ms. Sons notified Mr. Ryan in October 2010 that upon reviewing the interview report, she had determined that five policy periods were implicated, and accordingly, she had opened claims for the Sept. 1983 to 1984 and Sept. 1984 to 1985 periods, in addition to the three policy periods she had already opened. (Emails re JA Oct. 2010 at 3.) Mr. Ryan forwarded this email to Mr. Sitarz, who disagreed with Ms. Sons's conclusion but suggested that they "wait until further clarification on the dates" could be obtained. (Id. at 2.)

         More than a year later, on January 19, 2012, Mr. Sitarz emailed Lloyds, Interstate, and Gallagher Bassett informing them that after "many months" of negotiations with JA's counsel, he had received an offer to settle for $299, 000, which, by email dated February 14, 2012, he notified them the Archdiocese had accepted. (See Stip. Facts ¶ 57; Emails re JA Jan.-Feb. 2012, Pl.'s Trial Ex. 195 at 1-2.) When Ms. Sons responded by reiterating her belief that five policy periods were implicated, [7] Mr. Sitarz clarified that only the conduct that took place between either September 1983 and 1984 or September 1984 and 1985 was "abuse" (as opposed to simply "weird" behavior), but that he would "make further inquiry of JA's counsel regarding the dates of abuse "and let [Ms. Sons] know what he says." (Emails re JA Jan.-Feb. 2012 at 1.)

         JA signed a general release on February 15, 2012, in which he agreed to release the Archdiocese "and all of its past, present and future Archbishops, Bishops, Auxiliary Bishops, Priests, " and other affiliated individuals and entities "from any and all manner of liability, action and actions, cause and causes of action, suits, damages, judgments, executions, obligations, [and] claims ... as a result of or in any way connected with certain alleged incidents of clergy sexual misconduct and assaults allegedly occurring in the State of Connecticut in and about the 1980's." (JA General Release, Pl.'s Trial Ex. 8 at 1; see Stip. Facts ¶ 60.) Mr. Sitarz emailed the release to Lloyds and Interstate, with copies to Gallagher Bassett, on February 17, 2012. (Stip. Facts ¶ 62; Sitarz Email re JA Feb. 17, 2012, Defs.' Trial Ex. 659.)

         A month later, on March 19, 2012 Mr. Sitarz wrote to Gallagher Bassett, Interstate, and Lloyds informing them that according to JA's attorney, the sexual assault "most likely occurred on the trip to Florida during the summer of 1985 rather than the summer of 1984"; notifying them that the settlement check to JA had been mailed; and requesting that the settlement be "process [ed]" and that "insurance reimbursement checks" be sent "asap." (See Stip. Facts ¶ 64; Email re JA Mar. 19, 2012, Pl.'s Trial Ex. 9.) On April 2, 2012, Mr. Sitarz emailed Gallagher Bassett, Interstate, and Lloyds again, reiterating that the abuse "most likely occurred on the trip to Florida during the summer of 1985 rather than the summer of 1984" and again asking that the settlement be processed and that "insurance reimbursement checks" be sent "asap." (Email re JA Apr. 2, 2012, Pl.'s Trial Ex. 10 at 1.) Presumably in response to these emails, on May 18, 2012, Ms. Sons closed all of the policy periods with the exception of the 1983 to 1984 and 1984 to 1985 periods.[8] (See Interstate Notes re JA at 1.)

         The parties dispute whether, because Ms. Sons kept two policy periods open, JA's claim should be deemed to have implicated multiple policy periods (such that Interstate's layer was not reached). The Court finds that in light of Mr. Sitarz's emails stating that according to JA's attorney the abuse occurred in either the summer of 1984 or the summer of 1985 (but likely in the summer of 1985), and Ms. Sons's concession at trial that by May 18, 2012, Interstate had been informed that the abuse was alleged to have occurred only in the summer of 1985 (Sons Test., Trial Tr. Vol. 4 AM at 562), JA's claim did not implicate multiple policy periods; it implicated only one policy period, and as such, Interstate's layer was reached.

         On October 3, 2012 and again on October 11, 2012, Mr. Sitarz emailed James Hanson of Gallagher Bassett, asking for an update on "where things st[oo]d" with respect to requesting reimbursement and collecting payments from all insurers. (Oct. 2012 Emails re JA, Pl.'s Trial Ex. 113 at 2.) Mr. Hanson responded on October 11, 2012, notifying Mr. Sitarz that reimbursement had not been requested, due to "ongoing issues with Lloyds, " but that the insurers were "aware of the resolution" of the claims. (Id. at 1.) Mr. Sitarz replied the same day asking if there was "any reason why a claim for reimbursement to all of the insurers should not be made at this time." (Id.) The record does not reveal any response to this email. A little over a month later, on November 19, 2012, the Archdiocese filed this suit. The Archdiocese reached a settlement agreement with Lloyds on the JA claim and thirteen other claims in November 2014. (See Settlement Agreement, Pl.'s Trial Ex. 229.)

         2. KS

         On October 31, 2007, Mr. Sitarz wrote to Gallagher Bassett, with copies to Interstate and other insurers, to inform it that he had received a demand letter from KS's attorney entitled "KS v. Archdiocese of Hartford et al., " alleging that Father Crowley had sexually abused KS. (See Stip. Facts ¶¶ 72-74; KS Demand Ltr.) The letter did not assert a claim against the Archdiocese specifically, focusing solely on Father Crowley's sexual misconduct. On November 6, 2007, Mr. Sitarz sent Gallagher Bassett, Interstate, and other insurers copies of KS's school records. (Stip. Facts ¶ 75; see KS School Records, Pl.'s Trial Ex. 30.) Thereafter, on December 3, 2007, Interstate sent Mr. Sitarz its ROR letter, which was substantively identical to the ROR it issued with respect to JA. (See KS ROR, Pl.'s Ex. 76.)

         Several months later, on April 15, 2008, Mr. Sitarz forwarded his interview report of KS to Gallagher Bassett, Interstate, and the other insurers, detailing the nature of the abuse and Mr. Sitarz's impressions of KS as a potential plaintiff. (See Stip. Facts ¶ 80; KS Interview Report, Pl.'s Trial Ex. 31.) On December 2, 2008, Interstate's counsel from Litchfield Cavo, Kathleen Adams, emailed Mr. Sitarz with a list of claimants whose defense files Interstate wanted to review, including KS. (See Stip. Facts, ¶ 82; Email re Files to Review Dec. 2, 2008, Pl.'s Trial Ex. 12.) At some point during the following weeks, as Mr. Sitarz testified, Ms. Adams went to Mr. Sitarz's office, reviewed the files, and flagged several items in the files of which she desired copies. (Sitarz Test., Trial Tr. Vol. 11 PM at 2034-35.) Mr. Sitarz responded by letter dated December 22, 2008, enclosing the copies requested by Ms. Adams. (See Stip. Facts, ¶ 84; Sitarz Email re Files Dec. 22, 2008, Pl.'s Trial Ex. 13.)

         In January 2009, Mr. Sitarz sent Interstate KS's first communion record. (See Interstate Notes re KS, Pl.'s Trial Ex. 249 at 32.) In addition, in August, September, and November 2009, and May 2010, he sent Ms. Sons medical records and bills from various treatment providers for KS. (See Id. at 35, 37; Ltrs. re KS May 2010 & Sept. 2009, Def.'s Trial Ex. 551.) In March 2010, Mr. Sitarz notified Gallagher Bassett that he was "still gathering background treatment records" for KS and planned to "initiate settlement discussions in the near future." (Ltrs. re KS May 2010 & Sept. 2009 at 16.)

         By email dated May 28, 2010, Ms. Adams, noting that settlement negotiations were "underway in relation to [the] KS claim, " requested that Mr. Sitarz send her "additional information regarding the nature of the allegations, the nature of the alleged injuries, [Mr. Sitarz's] evaluation, and the status of settlement negotiations." (Emails re KS May & Sept. 2010, Pl.'s Trial Ex. 322 at 2; Stip. Facts ¶ 88.) The record does not reflect whether or not Mr. Sitarz responded to this email, though it is evident that Ms. Adams already had the information she was purportedly seeking.

         Several months later, on September 30, 2010, Mr. Sitarz informed Interstate and the other insurance carriers that the Archdiocese had entered into a settlement agreement with KS for $295, 000. (Emails re KS May & Sept. 2010 at 3; Sitarz Email re KS Sept. 30, 2010, Pl.'s Trial Ex. 251; see Stip. Facts ¶ 89.) KS signed a general release on October 5, 2010, in which he agreed to release the Archdiocese "and all of its past, present and future Archbishops, Bishops, Auxiliary Bishops, Priests, " and other affiliated individuals and entities "from any and all manner of liability, action and actions, cause and causes of action, suits, damages, judgments, executions, obligations, [and] claims ... as a result of or in any way connected with certain alleged incidents of clergy sexual misconduct and assaults allegedly occurring in the State of Connecticut in and about the fall of 1981 to the spring of 1982." (KS General Release, Pl.'s Trial Ex. 14 at 1; see Stip. Facts ¶ 90.) Mr. Sitarz forwarded the release to Interstate (and Lloyds) on December 20, 2010 (see Emails re KS Dec. 20, 2010, Pl.'s Trial Ex. 15 at 1; Stip. Facts ¶ 92), but it was not until January 26, 2011 that the settlement check was sent out[9] (see GB Notes re KS, Def.'s Trial Ex. 670 at 12).

         Mr. Sitarz notified Gallagher Bassett (copying Lloyds and Interstate) on February 18, 2011 that the settlement check had been sent to KS and that fees and expenses to date totaled $11, 367 and $188.75, respectively, and requested that Gallagher Bassett "collect the insurance reimbursements" and "send those payments to [him] asap" (Email re KS Feb. 18, 2011, Pl.'s Trial Ex. 16 at 1; see Stip. Facts ¶ 93). On May 5, 2011, John Smith of Gallagher Bassett emailed Mr. Sitarz to inform him that "[t]he claim has not yet been submitted to the carriers" because Gallagher Bassett did not know whether or not the tiered settlement formula ("TSF") agreement that the Archdiocese had reached with Lloyds[10] should be applied to the KS claim. (GB Notes re KS at 12; Misc. GB Files re KS, Def.'s Trial Ex. 680 at 1.) Mr. Sitarz responded the following day requesting that Gallagher Bassett seek full reimbursement. (Misc. GB Files re KS at 1.)

         On February 17, 2012, Mr. Hanson emailed Ms. Sons, noting that negotiations with Lloyds were ongoing but that Interstate's layer was likely to be pierced by around $106, 744.75, and asking what Ms. Sons needed "to finish [her] coverage evaluation and render a final opinion." (Email re Doe Feb. 17, 2012, Pl.'s Trial Ex. 254 at 1.) Ms. Sons confirmed at trial that she never responded to that email. (Sons Test., Trial Tr. Vol. 4 AM at 577-78.)

         A month later, on May 22, 2012, Mr. Sitarz contacted Mr. Hanson (of Gallagher Bassett) to ascertain whether Gallagher Bassett had yet sought collection on the KS claim. (Emails re KS & Mallory May 22, 2012, Pl.'s Trial Ex. 98 at 2; see Stip. Facts ¶ 94.) When Mr. Hanson responded that the reimbursement request had not yet been sent to Interstate and that Interstate would "ask for a full document production/prove up for each claim, " Mr. Sitarz insisted that he had already "tried to send Ms. Sons copies of whatever [he] sen[t] to [Gallagher Bassett]" and that she should therefore "already have what [Gallagher Bassett] ha[d]." (Email re KS & Mallory May 22, 2012 at 1.) Mr. Hanson forwarded this entire exchange to Ms. Sons a month later on June 21, 2012, asking her for "a shopping list" of documents she wanted. (Email re KS & Mallory Jun. 21, 2012, Pl.'s Trial Ex. 243.) There is no response from Ms. Sons on the record.

         Four months passed with little to no activity on the KS claim. On October 2 and 3, 2012, Mr. Sitarz emailed Mr. Hanson three times requesting "copies of the insurance reimbursement request documents sent to Interstate on the Richard Mallory and KS claims." (Emails re KS & Mallory Oct. 2012, Pl.'s Ex. 112 at 2.) When Mr. Hanson responded on October 4, 2012, he informed Mr. Sitarz that he had sent Ms. Sons a spreadsheet of outstanding claims on May 22, 2012 (see Claims Spreadsheet, Pl.'s Trial Ex. 175), and was waiting to hear back from her (see Emails re KS & Mallory Oct. 2012 at 1). Mr. Sitarz then asked whether sending Ms. Sons a spreadsheet of outstanding claims was "the usual method of requesting insurance reimbursement" (Emails re KS & Mallory Oct. 2012 at 1), but Mr. Hanson apparently did not respond. Mr. Hanson did testify, however, at his deposition, that this was not the typical method of requesting reimbursement, but that he had used it because he felt it was an efficient way to manage the large number of claims at issue. (Hanson Dep. at 150.) The Archdiocese reached a settlement agreement with Lloyds on the KS claim and thirteen other claims in November 2014. (See Settlement Agreement.) As of the date of this lawsuit, Interstate had neither affirmed nor denied coverage of the KS claim. (Stip. Facts ¶ 98.)

         3. Doe

         On May 28, 2008, Matthew Doe filed suit against the Archdiocese in Connecticut Superior Court, alleging that he had suffered mental and physical harm from the summer of 1981 through the fall of 1982 as a result of the Archdiocese's negligent and reckless failure to protect him from Father Ivan Ferguson's sexual misconduct. (Stip. Facts ¶ 133; see Doe Claim Notification.) Mr. Sitarz notified Gallagher Bassett of the new claim, with copies to Interstate, Lloyds, and other insurers, on June 27, 2008. (See Doe Claim Notification.)

         Subsequently, on July 31, 2008, Mr. Darling and Ms. Adams went to Mr. Sitarz's office and reviewed the Archdiocese's defense file for the Doe case. (See Email re Files to Review Dec. 2, 2008 at 2.) A week later, the Archdiocese emailed Ms. Adams enclosing copies of that file (with the exception of files subject to attorney-client or work product privileges). (See Ltr. re Doe Aug. 6, 2008, Pl.'s Trial Ex. 25.) Interstate sent the Archdiocese its standard ROR on August 22, 2008. (Doe ROR, Pl.'s Trial Ex. 85.)

         On June 16, 2010, Mr. Sitarz sent Gallagher Bassett, Interstate, and other insurers copies of Mr. Doe's responses to the Archdiocese's interrogatories and requests for production. (Ltr. re Doe Jun. 16, 2010, Def.'s Trial Ex. 557.) In his cover letter, he noted that Mr. Doe had alleged that Father Bollea, the pastor at St. Mary's at the time of the claimed abuse, "had to have known" about the abuse. (Id.)

         In October and December 2010, Mr. Sitarz sent Interstate copies of Mr. Doe's therapist's treatment notes, two supplemental responses to interrogatories by Mr. Doe, and an expert's final report. (See Interstate Notes re Doe at 6, 8; Doe Suppl. Compliance Oct. 15, 2010, Def.'s Trial Ex. 560; Email re Doe Dec. 17, 2010, Def.'s Trial Ex. 567.) A year later, in October and December 2011, Mr. Sitarz forwarded Interstate deposition summaries with respect to Father Gene Gianelli, Father Doyle, Chaundra Bailey, and Dr. Grove. (See Interstate Notes re Doe at 5; Ltr. re Doe Oct. 19, 2011, Def.'s Trial Ex. 580.)

         Ms. Adams emailed Mr. Sitarz on December 6, 2011 to request time to review the Matthew Doe file again to ensure that Interstate had a complete copy of the file. (Email re Doe Dec. 6, 2011, Pl.'s Trial Ex. 92.) Thereafter, as Mr. Sitarz and Ms. Adams testified, Ms. Adams went to Mr. Sitarz's office, reviewed all of the non-privileged documents in Mr. Sitarz's defense file for the Matthew Doe case, including the pleadings from Matthew Doe case, expert witness disclosures, the Archdiocese's discovery compliance, the Archdiocese's requests for admissions, the Archdiocese's responses to interrogatories, correspondence, deposition transcripts, and the "secret archive files" for Father Ferguson, and flagged a number of documents of which she wanted copies. (See Sitarz Test., Trial Tr. Vol. 12 AM at 2127-28; Adams Test., Trial Tr. Vol. 12 PM at 2545-46, 2548-49.) Ms. Adams stated at trial that Mr. Sitarz did send her copies of some of the pleadings, but because of the protective orders in place in the Matthew Doe case and in a companion case involving a claimant known as Jacob Doe, he was reluctant to make copies of all of the files Ms. Adams had requested without a confidentiality agreement with Interstate. (Adams Test., Trial Tr. Vol. 12 PM at 2545-48, 2550.) Although the Archdiocese did subsequently send a proposed confidentiality agreement to Interstate (see Emails re Doe Dec. 19, 2011, Pl.'s Trial Ex. 93; Emails re Doe Dec. 20, 2011, Pl.'s Trial Ex. 94), Interstate never signed the agreement (Sitarz Test., Trial Tr. Vol. 12 AM at 2132).

         On January 6, 2012, in a letter to Mr. Sitarz entitled "Re: Jacob Doe/Matthew Doe v. The Hartford Roman Catholic Diocesan Corporation, et al., " Mr. Darling lamented the Archdiocese's "failure to provide [Interstate] with copies of certain documents that were produced to Plaintiffs counsel during the course of discovery" in the Jacob and Matthew Doe cases, and complained that "Interstate ha[d] made repeated requests for materials in relation to the pending cases against the Archdiocese, including"

1. The entire personnel file of Fr. Foley, Fr. Ferguson, John Brooks, Fr. Paturzo, Msgr. Lacey, Fr. Perrault, Joseph Rozint, Fr. Primavera and Fr. Shiner [including but not limited to] any and all records of any complaints made against each person, and disciplinary warnings or actions taken against each person, any transfers, any psychiatric and/or psychological evaluations of each person, and any other document relating to each such individual contained in any record of the Archdiocese;
2. The entire "secret archive" files relating to any of the above-named individuals including all notes, correspondence or documents of whatever nature made or received by any Bishop or priest of the Archdiocese relating to any individual accused of sexual abuse from 1940 to the present; and
3. Any and all deposition transcripts, answers to interrogatories or statements from any of the individuals listed in paragraph [1] from any claim or suit.

(Ltr. re Doe Jan. 6, 2012, Pl.'s Trial Ex. 95 at 2-3.) In addition, Mr. Darling requested a copy of the Archdiocese's privilege log and a list of documents that Interstate had requested which were not identified in the privilege log but had not been produced to Interstate.[11] (Id. at 5.)

         Mr. Tucker responded to Mr. Darling's letter, on behalf of Mr. Sitarz, on January 9, 2012, defending the Archdiocese's refusal to provide copies of the personnel and secret archive files, on the grounds that the Archdiocese was not required by the insurance contract to provide copies of such files; under canon law and Connecticut law, the Archdiocese was prohibited from providing the copies; and the protective orders that issued in the Doe cases prevented the Archdiocese from providing the copies. (See Ltr. re Doe Jan. 9, 2012, Pl.'s Trial Ex. 231.) The record does not reveal any response to Mr. Tucker's letter by Mr. Darling.

         The Jacob Doe case was tried in late January and February 2012. (See Sons Test., Trial Tr. Vol. 4 PM at 615.) Ms. Adams attended the trial on Interstate's behalf and obtained copies from the clerk of trial exhibits (including Father Ferguson's Canon 489 file up to 1985, with the exception of two documents[12]), a stipulation, motions in limine and related filings, and all other documents on the court's public docket of which she desired copies. (Adams Test., Trial. Tr. Vol. 13 PM at 2552-53; see also Sons Test, Trial Tr. Vol. 12 PM at 613.) On February 12, 2012, a jury returned a one million dollar verdict in favor of Jacob Doe. (See GB Notes re Doe, Def.'s Trial Ex. 673 at 21.) Nearly three months later, on May 4, 2012, Matthew Doe accepted a $750, 000 settlement offer, about which Mr. Sitarz notified Gallagher Bassett (with copies to Interstate, Lloyds, and other insurers) the same day. (Email re Doe May 4, 2012, Def.'s Trial Ex. 662.) Mr. Sitarz further requested that Gallagher Bassett "take whatever steps may be needed at this time to begin to process the Archdiocese's claim for reimbursement insurance." (Id.)

         The general release signed by Matthew Doe on May 14, 2012, pursuant to the settlement agreement, provided in relevant part: "Matthew Doe ... does hereby release and forever discharge" the Archdiocese "and all of its past, present and future Archbishops, Bishops, Auxiliary Bishops, Priests, " and other affiliated individuals and entities "from any and all manner of liability, action and actions, cause and causes of action, suits, damages, judgments, executions, obligations, [and] claims ... in whole or in part based on alleged acts or omissions . . . including but not limited to all matters arising out of or relating to alleged sexual misconduct as alleged in a certain civil action entitled: Matthew Doe v. The Hartford Roman Catholic Diocesan Corporation." (Doe General Release, Def.'s Trial Ex. 603.) Mr. Doe withdrew his complaint three days later (see Doe Withdrawal, Pl.'s Trial Ex. 27), at which time Mr. Sitarz sent the executed release to Gallagher Bassett, Lloyds, and Interstate (see Sitarz Email re Doe May 17, 2012, Def.'s Trial Ex. 604).

         On June 21, 2012, Mr. Sitarz notified Gallagher Bassett and the insurers that the Archdiocese had sent a settlement check in the amount of $750, 000 to Mr. Doe's counsel the day before and that the Archdiocese's expenses and fees totaled $139, 445.47, and additionally requested that Gallagher Bassett (a) send him its expenses so that he could finalize the amount of defense costs for which he sought reimbursement and (b) "follow up on all insurance reimbursements." (Sitarz Email re Doe June 21, 2012, Pl.'s Trial Ex. 29.) The record does not reveal any reply to this email.

         On October 3, 2012, Mr. Sitarz emailed Mr. Hanson at Gallagher Bassett, again attaching the executed release in the Matthew Doe case and requesting confirmation that he had "requested payment from all insurers." (Emails re Doe Oct. 2012, Pl.'s Trial Ex. 110 at 3.) Apparently having received no response, Mr. Sitarz emailed Mr. Hanson again on October 11, 2012, again requesting confirmation that he had "requested payment from all insurers." (Id.) Ed Ryan of Gallagher Bassett responded to Mr. Sitarz's email the same day, explaining that Gallagher Bassett was still trying to determine the amount Lloyds owed the Archdiocese. (Id. at 2.) In November 2014, the Archdiocese reached a settlement agreement with Lloyds on the Matthew Doe claim. (See Settlement Agreement.)

         4. Mallory

         On August 30, 2006, Mr. Sitarz notified Gallagher Bassett (with copies to Lloyds, Interstate, and other insurers), by letter entitled "Richard Mallory v. the Hartford Roman Catholic Diocesan Corp., et al., " that Richard Mallory had sent a demand letter to Mr. Sitarz claiming he had been abused from November 1977 to October 1978 by Father Ivan Ferguson. (Stip. Facts ¶¶ 100-01; Mallory Demand Ltr.) Interstate sent the Archdiocese an ROR on September 12, 2006, informing the Archdiocese of potential coverage issues but not expressly denying coverage. (Stip. Facts ¶ 102; see Mallory ROR, Pl.'s Trial Ex. 79.) While otherwise nearly identical to the RORs Interstate sent the Archdiocese with respect to the other claimants, the Mallory ROR additionally requested "any and all information [the Archdiocese] ha[d] in regards to the allegations made by Mr. Mallory, including copies of any personnel files of Fr. Ferguson." (Mallory ROR at 1.) On February 7, 2007, Mr. Sitarz sent a report of his interview with Mr. Mallory to Gallagher Bassett, copied to Lloyds, Interstate, and other insurers. (Stip. Facts ¶ 103; see Mallory Interview Report, Def.'s Trial Ex. 528.)

         A month and a half later, on March 26, 2007, Ms. Sons wrote in her claim handling notes on the Mallory claim: "Based on the facts that have been developed we may have some exposure in this case. ... I need to obtain add[itiona]l information on Fr. Ferguson, how many allegations against him, when they were made, [and] when did the Diocese know." (Interstate Notes re Mallory, Pl.'s Trial Ex. 240 at 33.) Following an unsuccessful mediation, on October 7, 2007, Mr. Mallory filed suit against the Archdiocese in Connecticut Superior Court, alleging negligence and recklessness. (See Stip. Facts ¶ 107; Mallory Compl., Pl.'s Ex. 19.) The Archdiocese forwarded a copy of the complaint to Interstate on January 9, 2008, and thereafter provided the Archdiocese with regular updates on the case, copies of pleadings, and summaries of depositions. (See Interstate Notes re Mallory at 41-43, 45-56.)

         At Ms. Adams's request, in mid-December 2008, the Archdiocese permitted her to review its defense file for the Mallory claim and provided her with copies of some of the files. (See Email re Files to Review Dec. 2, 2008; Sitarz Email re Files Dec. 22, 2008.) On May 18, 2009, Mr. Sitarz sent Interstate Mr. Mallory's responses to the Archdiocese's interrogatories and requests for production (see Interstate Notes re Mallory at 46), in which Mr. Mallory alleged that his mother had told Reverend Thomas Shea about the abuse in approximately October 1978 (see Mallory Interrog. Resp., Def.'s Trial Ex. 540 at 14). The same day, Ms. Sons assessed the value of the ...


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