Timeline: LDS church sued insurers after 5-year-long child sex abuse suit

Part 2 of a series on lawsuits alleging sexual abuse coverups by Mormon officials.

Part 1 – $59 million, five years: what Mormon officials spent to stop a sex abuse lawsuit
Part 3 – Wave of around 100 Mormon sex abuse lawsuits continues in California
Part 4 – Mormon church loses civil suit against insurers over sexual abuse settlements

FLOODLIT.org, a non-profit organization investigating sexual abuse in The Church of Jesus Christ of Latter-day Saints, broke the story last week that the church spent nearly $60 million over five years to defend and settle a lawsuit filed in 2013 by six West Virginia families who said church leaders covered up the abuse of their children by Michael Jensen.

Some of the alleged abuse occurred after the church, commonly called the Mormon church, sent Jensen home from a mission to Arizona to face allegations that he had molested two boys, ages 3 and 4, in West Virginia in 2007.

The lawsuit said Mormon officials repeatedly failed to prevent Jensen from abusing children by warning church families about what they knew.

Content warning: This article contains graphic descriptions of sexual, psychological, physical and emotional abuse by Michael Jensen, as found in public court documents obtained by FLOODLIT.

Michael Jensen at a Mormon church

After settling the lawsuit for $32 million and spending at least $27 million on its defense, the church sued two insurance companies for refusing to cover its costs. The insurers said the church failed to give proper notice of the lawsuit and incorrectly tried to use payments it made in 378 other bodily injury cases from 2006-13 to justify its demands.

FLOODLIT.org has compiled the following timeline of related events.

Note: In this article, the names of all victims and their family members are pseudonyms.

2004-09: Abuse in Utah and West Virginia; Mormon leaders know, but don’t tell church members

December 2004: 13-year-old Michael Jensen, a Mormon, is arrested in Utah for sexually assaulting two girls at school. The incidents occurred in November and December of 2004, and his female victims were 12 and 13 years old, respectively. On both occasions, Michael waited for his victim to exit a classroom before pinning her against a wall and grabbing her buttocks and breasts without her consent. One of the victims indicates in her statement to police that during Michael’s attack, he told her that they needed to have sex; that she was “really scared;” and that she had kneed Michael in the groin to get away. In the West Virginia lawsuit, Mormon church officials minimize the severity of these incidents, describing them instead as “brief groping” of two female classmates over their clothes.
Alleged victims so far: 2
Late 2004 or early 2005: Michael is charged with two felony counts of sexual abuse of a child.
Late 2004 or early 2005: Michael’s grandfather, Blaine Jensen, allegedly attends key proceedings that secure a lenient probation and a sexual appropriateness class. Blaine is the Mormon church’s former director of international affairs and knows multiple Mormon apostles personally.
Late 2004 or early 2005: Michael pleads guilty to two reduced misdemeanor charges.
January 2005: Michael’s LDS bishop in Provo, Dale Swensen, is present in the courtroom for Michael’s dispositional hearing. Bishop Swensen is aware of the charges against Michael. In a sexual behavior risk assessment (SBRA) submitted to the court, a psychologist warns that Michael “will offend if given the opportunity.” The juvenile court accepts Michael’s admission to reduced charges of two misdemeanor counts of lewdness involving a child; places him on probation; orders his parents to comply with the terms of probation; and orders him to complete 50 hours of community service and a Sexual Appropriateness Class with the family component with proof of completion to be provided to the court.
Summer 2005: The Jensen family moves to West Virginia and begins attending the Hedgesville Ward in the Martinsburg Stake. Michael’s mother, Sandralee, becomes the Hedgesville Ward Relief Society President. His father, Chris, becomes a stake high council member.

West Virginia Mormon church welcome sign

June 15, 2006: The Mormon church purchases a one-year umbrella insurance policy from National Union (AIG) for various kinds of liability coverage, including up to $10 million per occurrence for bodily injury after the church exhausts a $15 million “Retained Limit” (similar to a deductible).
2006 or 2007: A Martinsburg Stake high council meeting allegedly discusses Michael’s abusive behavior toward a family member and possibly another child, indicating church leaders’ early knowledge.
Alleged victims so far: 4
June 15, 2007: The church secures the first of six consecutive umbrella liability insurance policies from ACE for a $324,949 annual premium, with a $10 million per-occurrence possible bodily injury payout and a $15 million “Self Insured Retention” (similar to a deductible). (2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13)

Mormon church insurance policy including sex abuse – ACE, 2007-08

April 2007: Sandralee arranges for Michael (age 16) to babysit for the Ashtons, a Mormon family. While babysitting, Michael allegedly sexually assaults 4-year-old Ariel Ashton by repeatedly laying down in bed with her and making her touch his penis. When the Ashtons return home, Ariel is extremely upset, has a handprint-shaped bruise on her bottom, and is terrified of Michael.
Alleged victims so far: 5
June 2007: Michael allegedly sexually assaults a 14-year-old girl at a movie theater. Sandralee allegedly talks with her bishop about the incident and makes a reference to Michael’s offenses in Utah.
Alleged victims so far: 6
Oct. 2007: Don Fishel becomes bishop of the Hedgesville Ward.
Nov. 2007: Sandralee arranges for Michael to babysit for another Mormon family, the Browns. During the babysitting visit, Michael assaults 3-year-old Bradley Brown and 4-year-old Drew Brown. Bradley and Drew later tell their parents that Michael blindfolded them, put ketchup on his penis, and forced them to perform oral sex on him. In 2013, Michael will be sentenced to 35 to 75 years in prison for assaulting Bradley and Drew.
Alleged victims so far: 8
Early 2008: Michael (age 17) allegedly abuses a 2-year-old boy, Ryan Carlson, while babysitting him in the Jensen home. Ryan comes home with a swollen penis and abrasions on the inner part of his upper thighs, according to Ryan’s parents. They confront Chris and Sandralee, but later say “nothing was done.”
Alleged victims so far: 9
Early 2008: Sandralee arranges for Michael to babysit on an ongoing basis for the Downey family in the Hedgesville Ward. On several occasions while babysitting, Michael allegedly sexually assaults 4-year-old Dylan while forcing his 6-year-old sibling, Noah, who has special needs, to watch. According to the lawsuit, while Sandralee spends time upstairs in the Downey home, Michael takes Dylan and Noah to the basement, locks Dylan in a cupboard for hours, puts his penis through a hole in the side of the cupboard, and forces Dylan to perform oral sex on him before letting him out. On other occasions, Michael pins Dylan down and forces Dylan to perform oral sex on him. One time, Dylan cries and tells Michael to stop, while Noah paces in circles. When Dylan asks why Michael does not make Noah do the same things, Michael says he does not do it to kids in kindergarten.
Alleged victims so far: 11
April 2008: Michael and his father, Chris, appear at the Downeys’ home and speak with their mother, Hannah. Later, Hannah says Michael and Chris behaved in an aggressive and intimidating manner and denied the abuse.
April 2008: Hannah Downey and her husband Jim tell Bishop Fishel that Michael abused Dylan. Fishel says he will “look into the matter,” the lawsuit says.
One week later: According to the complaint, Bishop Fishel tells Hannah he spoke with Michael and does not think Michael assaulted Dylan. Instead, Fishel speculates that Dylan might have been exposed to pornography. Fishel has a similar conversation with Jim. (Later, when deposed, Bishop Fishel denies these conversations.)
First part of 2008: Bishop Fishel allows Michael to participate in giving the sacrament at church. Hannah confronts Fishel, demanding to know why Michael was allowed to do so, given what he had done. According to the lawsuit, Bishop Fishel replies that Michael had “repented.” A few weeks later, Bishop Fishel selects Michael to be his “first assistant,” an honor within the church.
Early 2009: Sandralee arranges for Michael (age 18) to babysit the children of another family from church, the Garcias. Sandralee is no longer Relief Society president; instead, she is in charge of her ward’s Cub Scout program.
Early 2009: Michael allegedly sexually assaults a 3-year-old boy, Gabriel Garcia, while babysitting him.
Alleged victims so far: 12
Early 2009: Sandralee emails her former bishop, Matt Whitcomb, saying she and Chris are “trying to think […] of different options to help protect [Michael] from himself” and asking if there are any farmers who would be willing to take in Michael. She expresses her comfort in seeking Whitcomb’s help because he “[knows] some of the history.”

2010-12: More victims, Mormon leaders’ silence, a mission call

Early 2010: According to court documents, Chris Jensen finds his 18-year-old son Michael in the bedroom of a 12-year-old female relative, Sarah, who is lying on her bed. Chris makes Michael leave the room. Sarah tells Chris that Michael had lain on top of her and tried to kiss her. In a deposition, Sarah later describes this incident as Michael first lying down beside her on her bed, then “climb[ing] on top” of her after which he kissed her for what seemed like ten to twenty minutes, and also “possibly” moving his pelvis against her. She stated that she was terrified. The Jensens ban Michael from their home, but allow him to stay in a tent in their backyard at various times.
Alleged victims so far: 13
Early 2010: The Jensens meet with Chris Vincent, bishop of the Mill Creek Ward in the same LDS stake as the Hedgesville Ward, and report Michael’s abuse of his relative, according to the lawsuit.
Early 2010: Bishop Vincent gives Michael keys to the Mill Creek Ward church building so he can “have a safe place to sleep.”

A Mormon church building in Martinsburg, West Virginia

April 2010: Michael begins sleeping over regularly at the home of a family in his ward, the Jacksons. He is a friend of the family’s oldest son, who is similar in age to Michael. The Jacksons have five children.
Apr. 2010 to mid-2011: During sleepovers, Michael allegedly sexually abuses the Jackson family’s four youngest children in their home. He allegedly rapes one of them.
Alleged victims so far: 17
May 27, 2010: Von Keetch, chief outside legal counsel for the Mormon church and an area seventy, writes: “The LDS Church has long had a highly effective approach for preventing and responding to abuse. In fact, no religious organization has done more […] the LDS Church’s approach is the gold standard.”
2010-11: Michael lives with church families, allegedly abusing an 8-year-old.
Alleged victims so far: 18
Early 2011: In response to the Jackson family’s plan for Michael to vacation with them, Sandralee worries Michael “might be propositioned at the beach for sex, and if so, that could jeopardize his upcoming mission for the Church.”
Apr. 2011: Michael goes on vacation for a week with the Jackson family.
On the trip: Michael allegedly sexually assaults 5-year-old Lily Jackson and refers to her as his “girlfriend.”
Alleged victims so far: 19
Early 2011: Michael is asked to serve as a substitute teacher in the church’s primary program and teaches a class of four-year-old children.
June 2011: Michael’s bishop and stake president approve him for a two-year church mission, after delays while Bishop Fishel “worked with Michael on his various issues,” according to a witness. Mormon apostles assign Michael to work in Mesa, Arizona starting in late 2011.
Jan. 2012: The two victims from November 2007, Bradley and Drew Brown, tell their parents about the abuse.

2012-13: Victims’ parents tell police; Mormon leaders allegedly hide knowledge of abuse

Jan. 23, 2012: The Browns’ mother, Kelly, reports the abuse of her two sons to West Virginia State Police.
Around this time: Kelly and her husband also report the abuse to their bishop, Chris Vincent (Mill Creek Ward, Martinsburg Stake). Bishop Vincent is allegedly instructed by church officials to “stay out of the matter.”
Near the end of Jan. 2012: Church officials contact Michael Jensen, who is on his church mission to Mesa, Arizona, and inform him that he needs to cease his missionary activities and return to West Virginia. No church leaders report the abuse to West Virginia law enforcement, despite their status as legally mandated reporters under West Virginia law. Clergy-penitent privilege will not be removed from West Virginia law until 2015, but as of 2012, it does not apply to communications bishops receive from victims or their families.
Bishop Vincent allegedly informs stake president Steven Grow about the allegations against Michael and says he (Vincent) called the church’s abuse “help line” and told Mormon officials in Utah of the police investigation.
Late Feb. or early March 2012: Michael returns to Martinsburg, West Virginia. His parents do not allow him to return to the family home. Ward and stake leaders do not inform church members that Michael has been sent home to face allegations that he sexually abused young children.
Feb. 25, 2012: The Jensens and local church leaders allegedly meet and agree to not disclose his return to police.
Early 2012: Michael allegedly lies to church members about why he returned early from his mission, saying it was due to a bicycle accident. President Grow does nothing to correct the lie, according to the lawsuit.
Early 2012: Former bishop Matt Whitcomb, now a stake high council member, agrees to let Michael live with him and his wife after Sandralee says she does not want Michael staying at her home without Chris there, the lawsuit says. Chris is away on a military deployment.
Early 2012: Whitcomb asks another church family with young children, the Lowry family, to take Michael in.

Mormon sex abuse deposition transcript - West Virginia lawsuit

Excerpt from a transcript of the deposition of Chris Jensen, father of convicted abuser Michael Jensen

March to May 2012: Michael lives with various families in the Martinsburg Stake, including the Whitcomb family.
May or June 2012: Michael begins to stay with the Morton family in the Hedgesville Ward (Martinsburg Stake). The Morton family has four children living at home and met the Jensen family through church activities.
By July 2012: Michael is living with the Mortons full-time.
On or about June 12, 2012: The Morton family’s father meets with Bishop Fishel at the Martinsburg Ward building to discuss some issues regarding his teenage child. He tells Bishop Fishel that Michael Jensen is living with his family. Fishel allegedly responds that it is a “good idea” because Michael can do “a lot of good for the family.”
Around this time: The father also meets with President Grow about the living arrangement. Grow allegedly says that he believes it is mutually beneficial because Michael needs “someone to care about him,” and in turn, Michael “could be a positive role model” for the teenage child, who has not attended church in a few weeks.
Around this time: Michael allegedly sexually abuses the Morton family’s three youngest children, ages 6, 9 and 12.
Alleged victims so far: 22
Note: Michael Jensen allegedly sexually assaulted at least 42 children, according to the mother of one or more of the victims who spoke out publicly about the abuse in a Mormon church sacrament meeting in 2019 (see below).
Aug. 2012: Hannah Downey, mother of a boy Michael allegedly sexually assaulted on several occasions in 2008 while making the boy’s brother watch, learns about the living arrangement. Hannah immediately contacts the Morton family, telling them Michael sexually abused her son and that she told Bishop Fishel about it in 2008.
Aug. 2012: The Morton family’s father, Hal, confronts Michael, who denies the abuse, but asks whether it was “Sister Downey” (the victims’ mother) who had contacted the father.
Aug. 2012: Hal Morton asks Bishop Fishel why he said it was a “good idea” to let Michael live with his family when Fishel knew about prior allegations of child sexual abuse. Fishel responds that the allegations are “hearsay” and that he is “not obligated to disclose” that information.

Mount Olive Correctional Complex, West Virginia

Oct. 2012: Michael is charged with two counts of first-degree sexual assault and two counts of first-degree sexual abuse by a custodian. The charges relate to his abuse of Bradley and Drew Brown, who were 3 and 4 years old at the time, in November 2007.
Feb. 2013: After a two-day trial, Michael is found guilty by a Martinsburg jury on two counts of sexual abuse by a custodian and one count of first-degree sexual assault.
March 2013: The church organizes a support group meeting for victims’ families. A stake high council member attends; he is James Carlson, whose son Michael allegedly assaulted in 2008. After the meeting, Carlson emails President Grow, who was not present at the meeting. The email begins, “As promised here is what we […] talked about last night.” The lawsuit filed later in 2013 alleges that stake high councilman Carlson continues to keep President Grow informed of things he learns from victims’ families and conversations he has with the lawyer of one of the families. The plaintiffs allege that Carlson changed his accounts of certain events to align himself with the church’s defense.
July 2013: Michael is sentenced to 35 to 75 years in prison in the Mount Olive Correctional Complex in West Virginia.
Aug. 2013: The church excommunicates Michael. At least 22 victims have alleged that Michael sexually assaulted them, dating back to 2004.

2013-18: Six families sue Mormon church for alleged coverup of child sex abuse

Sept. 16, 2013: Six families sue the church, Grow, Fishel and the Jensens (Chris, Sandralee, and Michael) in the Berkeley County Circuit Court. They allege civil conspiracy, fraud, intentional infliction of emotional distress, and various negligence claims.
2014 to 2017: The lawsuit continues in West Virginia courts, with more than 90 depositions taken by both sides.
June 14, 2017: The Supreme Court of Appeals of West Virginia overturns a 2015 decision by the circuit court judge to exclude evidence from the case and dismiss the claim of conspiracy. The Supreme Court of Appeals reverses and remands the 2015 circuit court ruling, making it possible for the case to proceed to trial.
Summer 2017: Sam Young, a former LDS bishop in Texas, finds out his daughter was regularly subjected to sexually explicit questions from age 12 to 17. Young starts a movement called “Protect LDS Children,” later renamed “Protect Every Child.” The movement opposes private one-on-one interviews in which Mormon bishops ask children sex-related questions.
Jan. 16, 2018: The church notifies National Union (one of its insurers) of the lawsuit, more than four years after it was filed. When the church sues National Union and another insurer in 2021, the insurers argue that the church failed to provide timely notice of the lawsuit, thus failing to comply with policy requirements.
Jan. 31, 2018: The church’s Risk Management Division director, Paul Rytting, emails a trial update to church attorneys and insurers, saying, “The Church has offered $10m and Plaintiffs last formal offer was $100m.”
Mar. 9, 2018: Allen Gardner, an attorney at Latham and Watkins representing the church, emails Paul Rytting and another attorney. Gardner writes:
“To Whom It May Concern:
This responds to a recent request for the evaluation of trial counsel relating the value of the pending claims. There have been few surprises in trial, and prior to our painstaking evaluation of all the claims yielded a likely value between [redacted].
While we feel that the evidence is coming in favorably for the Church defendants in general, any case involving nine alleged victims of child sexual abuse is exceedingly dangerous. What the jury is thinking is impossible to divine.
It is our candid view, consistent with our careful pretrial analysis, that the claims have the following range of value, including the exposure to punitive damages, and for the following reasons:
[redacted]
Again, while the evidence is coming in in generally favorable fashion, here are the primary risk factors:
1. The evidence against the Jensen family has been significant and there is a reasonable risk that the jury may conclude the the Jensens are the Church’s agents;
2. Extensive motion work to dismiss the case, define duties, limit evidence, eliminate punitive damages among others arguments has been rejected;
3. The ruling of the West Virginia Supreme Court has resulted in a very difficult evidentiary atmosphere. There is a host of prejudicial evidence that should be excluded but is coming in. In light of this ruling, the judge has often sustained an objection as valid but allowed the question or evidence anyway.
4. This is a child abuse case against an organization that is perceived to have great resources. That is a large hole to dig out of.
5. The judge has made clear that he will create the verdict form and jury instructions with little input from the parties. They will be given an opportunity to object.
In addition to the prior tentative agreements on the [redacted] and all other parents’ claims, Plaintiffs have now offered to accept [redacted] the plaintiff who suffered the most abuse.
Those are our views. We are happy to talk further.
Best,
Allen

excerpt from a Mar. 9, 2018 email from Allen Gardner, an attorney at Latham and Watkins representing the Mormon church

Mar. 9, 2018: Paul Rytting, emails insurance company representatives, copying in Randy Austin from Kirton McConkie, the church’s law firm. Rytting writes:
Trial was cancelled Thursday & Friday — Judge was taken ill (he’s not the only one sick of this case).

Email from Paul Rytting, Mormon church risk management director, to insurers regarding a sexual abuse case, Mar. 9, 2018.

Mar. 13, 2018: An AIG insurance company representative emails an attorney working for the Mormon church, copying in Rytting.
The AIG representative writes:
Unfortunately, we are not in a position to consent to any settlements at this time. Among other things, you have noted that you are unable to provide us with all the documents we have requested because of a Protective Order that is in place. As noted in our prior correspondence, you have not given notice of this Lawsuit to us until very recently, and you have not invited us to be a party to the Protective Order, thus limiting our access to any meaningful information pertaining to the evaluation of liability or damages in this matter.

Email from AIG to Mormon church, Mar. 13, 2018

Mar. 26, 2018: After a prolonged public awareness campaign by former bishop Sam Young and his organization Protect LDS Children, the Mormon church announces changes to its policy regarding private interviews where bishops can ask children probing sex-related questions. The revised policy allows youth and women to invite an adult to be present.
Apr. to July 2018: The church settles mid-trial for $32 million, paying victims and families to stop the trial. Around 12,000 pages of court documents remain sealed by a 2016 order by the West Virginia Supreme Court of Appeals.
Sept. 2018: The church excommunicates former bishop Sam Young for “apostasy” after his public campaign to end sexually invasive private interviews of Mormon children by their bishops.
In a letter notifying Young of the excommunication, his stake president wrote:
The issue is not that you have concerns, or even that you disagree with the church’s guidelines […] Rather, it is your persistent, aggressive effort to persuade others to your point of view by repeatedly and deliberately attacking and publicly opposing the church and its leaders.
May 5, 2019: Two mothers of abuse victims speak out in a West Virginia Mormon church “fast and testimony” meeting, a church tradition on the first Sunday of each month where members of the congregation are invited to come to the podium and share their beliefs.
The first mother begins by saying, through tears:
I am here today because it’s my job to warn you. There are many new people who don’t know what’s happened, and you have people that have enabled and protected a pedophile. Your children are not safe with them.
She then names Don Fishel and another person.
A church leader stands up and approaches her at the podium.
The church leader quietly tells the mother, “I think this is not the place to talk about it, I’d be happy to talk to you after. This is a testimony meeting we have reserved to provide testimony.”
The mother responds, “This is … this is the place. And I am bearing my testimony.”
The leader replies, “Okay. Actually, you’re not.”
She continues: “Your children are not safe. They hid a pedophile from the police, along with Steven Grow, when he was sent home from his mission.”
The leader replies: “That is not … no. No.”
She replies: “It is in the facts, you can check the transcripts from court.”
Some in the congregation begin to sing a Mormon hymn, “I Believe in Christ.”
A second mother comes forward and reports that Michael Jensen sexually abused at least 42 children over a period of eight years, including her children. She tells the congregation:
Your church […] protected a pedophile. He abused my children with the knowledge your members housed him in the meetinghouse […] and then put him in the home of a family member who did not know that he had already assaulted children in Utah. He ended up going to other people’s homes and molested over 42 children in eight years. Those are the children that we know of as of now. We are trying to warn you so that you can protect your children. We want your children to be safe. We want you to believe that you know what your children say are true. It is extremely important that you listen to your children when they tell you that somebody has hurt them. You need to go to the police. This church hid Michael Jensen from the police when he came back – it’s in the files, it’s in the facts, it’s in church documents, and it’s proof.
One congregant physically wrestles away a cell phone from a person recording the event. The church leader tells him to give it back, and he returns it.

2021-23: Mormon church sues insurance companies for refusal to pay

Oct. 5, 2021: In the US District Court for the District of Utah, the church sues two insurance companies, National Union and ACE, who refused to reimburse its defense and settlement costs in the West Virginia case.
The church argues that while the lawsuit alleged sexual abuse of multiple children over a period of several years, there was only one alleged perpetrator (Michael Jensen), so all related costs should count as a single “occurrence.” That way, it can demand that each insurer reimburse all settlement payments above a combined $15 million limit (like a deductible).
The insurance companies say their policies do not work this way, and that each child’s injuries should be treated as a separate “occurrence” as laid out in policy documents. Besides, they say, the church did not provide immediate written notice of the lawsuit as required, keeping it secret for over four years until the jury trial began.
If it wins, the church stands to receive up to about $90 million from the two insurers: $27-plus million in defense costs from each, and nearly $36 million in combined settlement reimbursements.
Oct. 5, 2021: The church’s law firm, Kirton McConkie, sends a letter to Chubb (which owns ACE) requesting reimbursement. It provides a chart showing seven one-year periods in which one or more children allegedly suffered due to sexual abuse by Michael Jensen, arguing that because all of the lawsuit’s victims shared a single perpetrator, all of the alleged abuse should be considered a single “occurrence.”

chart detailing timeframes of alleged child sex abuse from an Oct. 5, 2021 letter by the Mormon church to AIG

Oct. 5, 2021: In a similar letter to AIG (owner of National Union), also dated Oct. 5, 2021, the church states:
Here, the Church seeks coverage for a single occurrence under the Policy. For the purposes of bodily injury claims, the Policy defines “occurrence” as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions shall be deemed to arise out of one Occurrence. […] [One victim]’s exposure to the harmful conditions that allegedly caused her physical and mental injuries is plainly one occurrence under this definition. The Church, therefore, need only satisfy, at most, a single retained limit of to trigger National Union’s defense and indemnity obligations with respect to the suit. Because the Church has done so, as described above, National Union is obligated to indemnify the Church for the entire amount of its settlement of [that victim]’s and her parents’ claims.”
May 20, 2022: The church’s law firm, Kirton McConkie, tells National Union that “public disclosure of the settlement amounts or terms […] would cause severe and irreparable harm to the church and its financial interests.”
Kirton McConkie also states:
Finally, defendants have requested information about the non-[redacted] claims the Church may rely on to satisfy the retained limits under the applicable policies. Understanding defendants may in the future seek additional information about such claims, to provide preliminary information, the Church produces herewith documents bearing bates numbers CHC0012094 – 12306, which is a risk management report showing liability claims paid by the Church for bodily injury and/or property damage occurring the policy years in question.
Court documents show 213 pages of fully redacted spreadsheets the church says hold financial details of 378 separate settlements it paid to bodily injury or property damage claimants from 2006 to 2013. Some of the settlements are related to sexual abuse.
The Kirton McConkie letter also states:
The Church considers the amounts and terms of its settlements with the REDACTED claimants, all Policy terms that bear a relation to the amounts of those settlements (e.g., the amount of the “retained limit”), and the amounts and terms of all non-REDACTED settlements to be CONFIDENTIAL INFORMATION. The REDACTED settlement agreements obligate the Church to maintain the confidentiality of those agreements in accordance with their terms. Further, the Church is involved in settlement discussions in the context of the Boy Scouts of America chapter 11 bankruptcy proceedings to resolve potentially thousands of additional abuse claims asserted against the Church. Any disclosure of the highly confidential settlement information shared herein and in prior communications with ACE could cause substantial harm to both the underlying claimants (some of whom are minors) and to the Church’s financial interests.
Aug. 17, 2022: The Mormon church responds to an Associated Press article about an Arizona sex abuse case and the church’s abuse telephone help line: “[T]here can be no mincing of words, no hint of apathy and no tolerance for any suggestion that we are neglectful or not doing enough on the issue of child abuse.”
May 19, 2023: ACE Property and Casualty Insurance “requests that the Court enter summary judgment in its favor and against the Church on all of the Church’s claims against ACE in this lawsuit.” It argues:
The Church did not incur liability in excess of the ACE policies’ $15 million “retained limit” per “occurrence” when the Church settled the underlying lawsuits. Rather, the “bodily injury” suffered by each child arose from a separate “occurrence,” namely, exposure to separate and independent acts of sexual abuse perpetrated by Michael Jensen, and the Church did not pay more than $15 million in damages for “bodily injury” suffered by any individual claimant in any ACE policy period. Thus, ACE correctly declined to indemnify Church for any of the settlements or pay any of the defense costs the Church incurred.
June 16, 2023: National Union Fire Insurance Company of Pittsburgh, PA files a response in opposition to the church’s motion for partial summary judgment. “The Church has it backwards,” it states at one point.
National Union concludes:
[T]he Church’s motion fails to establish exhaustion of the National Union Umbrella Policy’s Retained Limit. Based on facts developed in the W.Va. Abuse Lawsuit, only one victim, [Jane Doe], alleged abuse during National Union’s policy period. Under the National Union Umbrella Policy, coverage for [Jane Doe]’s claim is subject to a Retained Limit of $15 million, reflecting a single Occurrence – the abuse of [Jane Doe] during National Union’s policy period. The Church’s settlement with [Jane Doe] for [redacted] is well within the Retained Limit. Therefore, National Union’s defense and indemnity obligations are not triggered, and the Church has no right to recovery under the National Union Umbrella Policy.
The Church’s alternative exhaustion theory is without merit. The National Union Umbrella Policy’s plain language cannot be construed to support the Church’s contention that the single-Occurrence Retained Limit applicable to [Jane Doe]’s abuse claim may be exhausted by aggregating payments the Church made for other injuries resulting from different occurrences and accidents. Further, reading the Retained Limit provisions as the Church proposes fails to give meaning to the phrase “each Occurrence,” and would make the various different retentions established in the Schedule of Retained Limits superfluous. The Church’s pro rata allocation argument is similarly without merit. Amounts paid for settlements with other victims, abused after the National Union Umbrella Policy expired cannot be used to reduce the amount of the Retained Limit that must be satisfied to access coverage for [Jane Doe]’s claim under the National Union Umbrella Policy. If, however, the Court were to find that the Retained Limit may be or has been satisfied, as the Church contends, based on the evidence developed in the W. Va. Abuse Lawsuit, application of the Expected or Intended Exclusion presents a question of fact and National Union requests additional discovery on this issue as set out above.
Aug. 28, 2023: The court grants a joint motion to seal a hearing set for Aug. 30 where church and insurer attorneys plan to address motions for summary judgment. The courtroom will be sealed, with only counsel for the parties and authorized court staff admitted. Any recording or transcript of the hearing is ordered to be sealed until the parties have ensured that appropriate redactions are made.
April 2025: The Mormon church loses its lawsuit against the two insurance companies. View the decision »

Mormon sex abuse lawsuits: the series continues

This article is Part 2 of an ongoing series on lawsuits alleging sexual abuse coverups by Mormon officials.

Read Part 1
Read Part 3
Read Part 4

Shine a light on sex abuse in the Mormon church

The Mormon church has not published a list of known sex offenders in its ranks.

Since its launch in 2022, FLOODLIT.org has documented over 4,050 abuse reports within the church, including nearly $51 million in settlements in 15 cases. 11 other cases involve secret settlement amounts.

In 2024, FLOODLIT broke the story when roughly 100 sexual abuse survivors filed lawsuits against the LDS church in California. Nearly all are still ongoing.

Please donate to support FLOODLIT.org’s investigative reporting.

Donate now