Gateway Church’s Insurer Argues It’s Not Liable in Clemishire Case
The insurance company for Gateway Church has filed an action in federal court seeking a declaration that it is not required to defend nor indemnify the church in the civil lawsuit brought by Cindy Clemishire related to sexual abuse committed against her by Robert Morris.
If the court agrees with the insurance company, then the church and individual defendants would be left paying the costs to defend against the lawsuit.
Church Mutual Insurance, an insurance company located in Wisconsin, filed its action in the U.S. District Court for the Northern District of Texas in November, asking the court for a declaratory judgment.
A declaratory judgment asks the court to formally state the rights or obligations of the parties involved in a dispute.
Church Mutual Insurance issued the insurance policies in question to Gateway Church in December 2023 and December 2024.
The church, its elders, and pastors were covered under the policies for general liability, not-for-profit management liability, and sexual misconduct.
In July, Clemishire filed a state lawsuit against Robert Morris, Robert Morris Evangelistic Association, Gateway Church and several elders for libel, slander, and other injuries.
Church Mutual claims that RMEA was not insured by the policies, and thus it is not required to defend the ministry.
The insurance company also argued that the sexual misconduct coverage afforded to Gateway Church under its policies only applies to misconduct that first occurs during the policy coverage period.
However, in this case, Clemishire alleges that Morris’ sexual misconduct began in December 1982, decades before the policies were issued.
Neither Gateway nor any other of the defendants in the federal lawsuit have filed any response yet.
Clemishire’s state case for defamation and other claims has been halted by the Texas Fifth Court of Appeals while it handles an appeal filed by Gateway Church and its elders.
The appeal was filed after the trial court dismissed the church’s motion to dismiss based on the “ecclesiastical abstention” or “church autonomy” doctrine that Gateway claims protects its communications about its pastor’s misconduct.
The appeal also challenges the trial court’s decision to allow “sweeping discovery” of internal Gateway communications about the matter. The discovery order wrongly “permits [p]laintiffs to rifle through and rummage about the church’s and its Independent Elders’ internal communications, records, and decision-making processes,” the church argues.
Instead, the church argues that the appellate court should order the trial court to dismiss Clemishire’s lawsuit against it for lack of jurisdiction.
Clemishire has until Dec. 29 to file a response with the appellate court.
This article was originally published by MinistryWatch.
Kim Roberts is a freelance writer who holds a Juris Doctorate with honors from Baylor University and an undergraduate degree in government from Angelo State University. She has three young adult children who were home schooled and is happily married to her husband of 28 years.