Maryland Cas. Co. v. Huger

• Decision Date: 03 March 1987
• Docket Number: No. 51314,51314
• Parties: MARYLAND CASUALTY COMPANY, Plaintiff-Respondent, v. Bernard C. HUGER, Defendant ad litem for Rev. James J. Danis, Jon Arthur and Donna Sue Becker, Defendants-Appellants.
• Court: Missouri Court of Appeals

Page 574

728 S.W.2d 574

MARYLAND CASUALTY COMPANY, Plaintiff-Respondent, v. Bernard C. HUGER, Defendant ad litem for Rev. James J. Danis, Jon Arthur and Donna Sue Becker, Defendants-Appellants.

No. 51314.

Missouri Court of Appeals,

Eastern District,

Division Five.

March 3, 1987.

Motion for Rehearing and/or Transfer Denied April 1, 1987.

Application to Transfer Denied May 19, 1987.

Ben N. Messina, St. Louis, for defendants-appellants.

Gary Edward Snodgrass, St. Louis, for plaintiff-respondent.

SIMEONE, Senior Judge.

I

This is an appeal by defendants-appellants, Jon and Donna Sue Becker, from an order and judgment of the circuit court of the City of St. Louis entered January 29, 1986, upon a petition for declaratory judgment. Plaintiff sought a determination of its rights under a general liability policy. The trial court decreed that: (1) there is no coverage under the plaintiff's liability insurance policy for Bernard C. Huger, defendant ad litem for Reverend James J. Danis, a late Roman Catholic priest of the Archdiocese of St. Louis for his activities at an abortion clinic which resulted in injuries to Lieutenant Jon Becker, (2) that the plaintiff has no obligation to pay any judgment that may be rendered against the defendant ad litem, and (3) that the company has no duty to defend Huger in a civil cause filed against him by Jon and Donna Sue Becker. For reversal appellants contend that, under the standards of Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976), the trial court erred in several respects. For reasons hereinafter stated, we affirm.

II

This case deals with a bizzare twist to the emotionally charged, socio-political issue of abortion recognized in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973).

The core issue in this appeal is the legal and proper interpretation of specific provisions embodied in a general liability insurance policy issued by Maryland Casualty Company to the Archdiocese of St. Louis. This policy provided coverage to "the Archbishop of St. Louis and His successors in their individual capacities and all the Priests, Sisters and Lay Brothers and Religious of the Archdiocese of St. Louis [while] acting within the scope of their respective duties."

The policy became effective April 1, 1979 and was in effect on March 8, 1980, when Father Danis engaged in the acts which are the subject of this proceeding. There are other subsidiary points raised by appellants, but a resolution of this issue--the nucleus of the appeal--will effectively dispose of these satellite points.

This case involves only the personal liability coverage of Father Danis and the defendant ad litem for Father Danis. ¹ The appeal does not involve any issue of liability coverage for the Archdiocese.

We hold that the trial court did not err in concluding that Father Danis, while engaged in unlawful protest at an abortion clinic which resulted in injury to Lt. Becker, was not "acting within the scope of his respective duties" so as to be a named insured under the policy. The trial court, under the facts and circumstances, could reasonably arrive at that conclusion because there was substantial evidence to that effect, the conclusion was not against the weight of the evidence, and the court did not erroneously declare or misapply the law. Murphy v. Carron, supra.

III

On April 1, 1979, Maryland Casualty Company issued to the Archdiocese of St. Louis and certain other named insureds a general liability policy providing comprehensive general liability insurance for bodily injury and property damage liability.

The policy was in effect on March 8, 1980 when the events giving rise to this litigation occurred. On that date, Lieutenant Jon Arthur Becker, of the St. Louis County Police, was assigned to the Regency Park Gynecological Center on Manchester Road "to preserve the peace during a demonstration." There were other police officers with him, including Captain Mizell. Lt. Becker observed people "walking about outside on Manchester Road and along the roadway." "They were walking with different signs and slogans on them." There were also "people inside of the building milling about, walking about in the hallways ... some of them ... had signs." Lt. Becker observed Father Danis there, in his Roman collar, walking back and forth in a hallway. He also saw "Father Danis counseling women trying to get into the doctor's office," and overheard him telling a young girl that there were other alternatives--"[T]he church is against it. It is a sin. It is a crime. We can take care of you."

At about 9:30, the individuals "began to block the ingress and egress of this doctor's office, by standing in front of the doorway or standing there locking arms or by seating themselves in front of the doorway." The manager then requested assistance from the police, and the police officers started arresting people for "trespassing." Father Danis continued to walk back and forth talking to people. When he "stood in front of one of the doors," and Lt. Becker placed his hands upon Father Danis's arm and said "Let's go, Father." About five seconds later, Father Danis "went limp, fell directly to the floor" and "as he was going down, I thought someone had stabbed me in the back." Lt. Becker got up and Father Danis "looked up and said, 'I'm not going to make it easy. You'll have to carry me out." Other officers, then did carry Father Danis out. Lt. Becker subsequently learned he had suffered a herniated disk.

Subsequent to these events, Lt. Becker and his wife filed an action in St. Louis County for damages for personal injuries and loss of consortium against the Archdiocese of St. Louis and defendant ad litem for Father Danis. The wife sought damages for loss of consortium. Counts I and II were against the Archdiocese, and Counts III and IV were against Father Danis.

On February 14, 1983, pending the Beckers' suit, the plaintiff filed its "Petition For Declaratory Judgment." A hearing was held on January 13 and 14, 1986, at which several witnesses testified. The principal witnesses were John Joseph Cardinal Carberry and Archbishop John L. May, the Archbishop of St. Louis.

Archbishop May, who became Archbishop a few weeks after the March 8, 1980 incident, testified in the plaintiff's case that he is familiar with the policies of the Roman Catholic Church and with the "policies" of the Church with respect to abortion. On that issue, the "teaching" of the Church is uniform throughout the world, and that "abortion is immoral." As to "speaking out" on abortion, the Archbishop stated that "everyone has a right to speak out," but as to any "policy" on picketing, there "is no policy all over the country with regard to that. That's a simple legal right that any citizen can exercise at any time. If he does it legally."

As to the duties of a priest, the Archbishop stated that "a priest is a pastor; he preaches the word of God. He gives spiritual direction. He conducts the liturgy. He does those things that are pastoral." When questioned about the "duty of a priest in the Archdiocese," concerning protesting abortions at abortion clinics, the Archbishop stated "there's no such duty prescribed of any priest." Neither was it a priest's duty to "trespass unlawfully on property to express opposition to abortion." It is and was, however, a priest's duty "to follow the law."

On cross-examination, Archbishop May admitted that as the "Ordinary," he is bound by canon law, and "bound" by certain post-Vatican II documents. He was questioned about plaintiff's exhibit, a post-conciliar document Quaestio de Abortu, dated November 18, 1974, ² which is one of the documents setting forth Catholic doctrine on the issue of abortion. That document sets forth the Church's position and doctrine.

He was also questioned about the document, "Presbyterorum Ordinis" ³ which deals with the life and ministry of priests. As to these documents, Archbishop May explained that they set an ideal, or a "direction for priests to live their lives [but] it's not a law." These documents are the teachings of the Church; and a priest can "teach anywhere he wishes," but the "most appropriate place is in the pulpit." "There are places appropriate and places not appropriate." "A priest is one 'at all times.' "

The evidence shows that in the Archdiocese, there is an Archdiocesan Pro-Life Committee, and a "director", or "coordinator." This Committee was established under the auspices of Cardinal Carberry. The purpose of the Committee is to defend "human life,"--and to be against abortion, child abuse and euthanasia. The Committee was established soon after the Supreme Court decision. It was "involved" with the "Missouri Citizens for Life," a nondenominational state-wide group, which engages in peaceful picketing. ⁴

When asked hypothetically, whether a priest who protests at an abortion clinic and blocks an entranceway to prevent people from going in, and refuses to leave so that he is placed under arrest, is acting "within the scope of his duties," Archbishop May answered "Certainly he's not obliged to do those actions. He's not directed to do them in any of his responsibilities as a priest. He does that simply by his own personal judgment."

The Archbishop's testimony, given in deposition, can be summarized:

When a priest goes anywhere, he's acting as a priest ... What he says, he says as a representative, a public representative of the Catholic Church. Now, he's free within those parameters to choose one way of expressing himself ... some do it ... through books, through formal speeches, through panel discussions, on talk shows, on the radio. Others think they can make a statement by public demonstration. Each man is free. These are professional men, and they're just not puppets on a string that are told what to do in everything they do. They are free to express themselves; and as long as they do it as responsible, professional people and teach what the church teaches, ......