CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE v. BOY SCOUTS OF AMERICA Et Al Complaint

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 1 of 29
EXHIBIT A
FILED
14 DEC 10 PM 3:58
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 14-2-33058-8 SEA
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SUPERIOR COURT OF WASHINGTON
FOR KING COUNTY
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CORPORATION OF THE CATHOLIC

ARCHBISHOP OF SEATTLE, a
Washington nonprofit corporation,
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Plaintiffs,
COMPLAINT FOR BREACH OF
CONTRACT AND EXTRACONTRACTUAL CLAIMS
v.
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BOY SCOUTS OF AMERICA, a

congressionally chartered corporation,
authorized to do business in Washington;
INSURANCE COMPANY OF NORTH
AMERICA, a foreign insurer,
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Defendants.
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No.
COMES NOW the Corporation of the Catholic Archbishop of Seattle, a Washington

nonprofit corporation (Archdiocese), by and through its undersigned attorneys and alleges as
follows:
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I.
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1.1
PARTIES
Plaintiff Archdiocese is a Washington state nonprofit corporation with its
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primary administrative offices located in Seattle, Washington, which encompasses Catholic
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parishes in Western Washington and exercises such powers as authorized under Canon law.
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1.2
Defendant Boy Scouts of America (BSA) is a congressionally chartered
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corporation with its headquarters in the State of Texas, which is authorized to do business in
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Washington State including, but not limited to, in Seattle, Washington and Western
COMPLAINT FOR BREACH OF CONTRACT AND
EXTRA-CONTRACTUAL CLAIMS- 1
373397
PATTERSONBUCHANAN
FOBES&LEITCH,INC.,P.S.
2112ThirdAvenue,Suite500,Seattle WA 98121
Tel.206.462.6700 Fax206.462.6701
Washington. At all relevant times, BSA offered and/or operated an educational Scouting
Program, which it made available to other organizations including the Archdiocese, subject to
BSAs strict guidelines and control.

1.3
Defendant Insurance Company of North America (Ace) is a foreign insurance
company, organized under the laws of the State of Pennsylvania, with its principal place of
business in Pennsylvania, and is licensed to do business in Washington State.
information and belief, Ace at all material times conducted business in Washington State
including in Seattle, King County, Washington.

II.
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2.1
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JURISDICTION AND VENUE
The Archdiocese incorporates by reference as if fully set forth herein the
allegations of paragraphs 1.1 through 1.3, above.
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Upon
2.2
This Court has jurisdiction over the subject matter of this lawsuit.
2.3
This Court has personal jurisdiction over BSA and Ace under RCW 4.28.185
because they conduct business in Seattle, King County, Washington including, but not limited
to, entering into a contracts/agreement with the Archdiocese for the Archdiocese to be a boy
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scout troop charter organization with the provision that BSA would procure insurance for
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Archdiocese as a primary insured for claims arising out of scouting-related activities. In
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addition, Ace contracted with BSA to provide insurance under which the Archdiocese is a
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primary insured.
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2.4
transact business in Seattle, King County, Washington.
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III.
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Venue is proper in King County under RCW 4.12.025 because BSA and Ace
3.1
FACTS
The Archdiocese incorporates by reference as if fully set forth herein the
allegations of paragraphs 1.1 through 2.4, above.
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3.2
The Archdiocese has been a charter organization for BSA for decades including,
25 but not limited to, during the years of 1981 to 1993.

373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
3.3
From at least 1981 on, the Archdiocese had a contractual agreement with BSA
2 whereby the Archdiocese would be a charter organization for boy scout troops through BSA.
3.4
From at least 1981 to March 1, 1986, the Archdiocese was an insured under
4 policies of insurance procured by BSA from Ace and others. This included policies of insurance
5 issued by Ace under policy number ISL1353, for the January 1, 1981, to January 1, 1982, policy
6 period and under policy number ISL1364 for the January 1, 1982, to January 1, 1983, policy
7 period.
3.5
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Beginning in approximately March 1, 1986, and as part of the Archdioceses
ongoing agreement with BSA, BSA contracted to procure insurance on a primary basis, and
where the Archdiocese was to be a primary insured, for claims arising out of scouting-related
activities. In reliance on this agreement, the Archdiocese continued to perform the duties of and
be a charter organization.
BSA entered into insurance contracts with Ace to provide the
required insurance and the Archdiocese is a third-party beneficiary of those contracts of

insurance as well as a primary insured.
3.6
Specifically, Ace issued a general liability policy for the policy period March 1,
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1986, to March 1, 1987, under policy number ISLGO293184-9; a general liability policy for the
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March 1, 1987, to March 1, 1988, policy period; a under ISLGO997957-8; a general liability
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policy for the March 1, 1988, to March 1, 1989, policy term with an unknown policy number; a
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general liability policy for the March 1, 1989, to March 1, 1990, policy term under policy
number HDOG11367410; a general liability policy for the March 1, 1990, to March 1, 1991,
policy period under policy number HDOG10754094; a general liability policy for the March 1,
1991, to March 1, 1992, policy period under policy number HDOG10754471; a general liability
policy for the March 1, 1992, to March 1, 1993, policy period under policy number
HDOG1549654A; and a general liability policy for the March 1, 1993, to March 1, 1994, policy
period under policy number HDOG1549727-0.
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373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
3.7
The Archdiocese is a primary insured under the policies of insurance issued by
2 Ace and identified in paragraph 3.6, above.

3.8
On or about August 29, 2013, several individuals filed suit against the
4 Archdiocese, BSA, and numerous other defendants claiming sexual abuse allegedly committed
5 in the course of scouting-related activities in King County Superior Court under the title S.O., et
6 al. v. Boy Scouts of America, et al., King County Superior Court Cause No. 13-2-31235-2 SEA.
3.9
Three of the plaintiffs in that matter, identified as S.O., D.T., and C.S.,
8 specifically made claims against the Archdiocese for damages they allegedly sustained as a
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result of the claimed sexual abuse purportedly committed during scouting-related activities.
C.S. alleged that he was abused between 1981 and 1983 because of his involvement in BSA
Troop 666, which he alleged was sponsored by St. Monica Catholic Church within the
Archdiocese.
D.T. alleged that he was abused in approximately 1986 because of his
involvement in BSA Troop 222, which he alleged was sponsored by St. Edward Catholic
Church within the Archdiocese and S.O. alleged abuse between 1989 and 1993 because of his
involvement in the same BSA troop.
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3.10
As a result of these allegations, the Archdiocese tendered a claim for defense to
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BSA in a letter dated September 24, 2013, based on the understanding that BSA had agreed to
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procure insurance for claims against the Archdiocese arising out of scouting-related activities.
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3.11
On or about January 28, 2014, BSA responded to the tender via letter in which it
specifically acknowledged that its insurance policies provided primary coverage for charter
organizations for claims arising out of Scouting-related activities from March 1, 1986, on, and
specifically stated [t]he BSA will accept the tender as to plaintiff S.O. However, BSA denied
the tender as to C.S. on the claimed basis that the Archdiocese was only an insured for excess
coverage during the time periods that C.S. alleged abuse.
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3.12
Upon information and belief, either that same day or soon thereafter, BSA
25 accepted the tender for the claims made by plaintiff D.T.

373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
3.13
Ace subsequently implicitly or explicitly has acknowledged that the
2 Archdiocese seeks coverage and defense under the Ace policies for the claims of S.O. and D.T.
3.14
After BSA denied the Archdioceses request for reconsideration of its denial of
4 the tender for C.S., the Archdiocese tendered the C.S. claims directly to Ace under policy
5 numbers ISL1353 and ISL1364 in a letter dated April 30, 2014.
3.15
Ace acknowledged receipt of the tender on May 1, 2014, and accepted the
7 tender under a reservation of rights in a letter dated May 30, 2014. The May 30, 2014, letter
8 specifically acknowledged that Ace would participate in the defense of the Archdiocese against
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the claims brought by C.S.

3.16
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Because of the acceptance of the tenders by BSA and Ace and in the spirit of
cooperation, the Archdiocese cooperated with BSAs defense counsel in the S.O. matter in order
to try and resolve the claims. This included, but was not limited to, refraining from making
cross-claims against BSA asserting that it, and not the Archdiocese, was responsible for any and
all claimed damages.
3.17
In addition, the Archdiocese, by and through counsel, began sending defense
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invoices for the defense of claims by S.O. and D.T., to BSA for payment. The first such
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invoices were sent in March 2014, with monthly invoices for the defense of the Archdiocese
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being sent every month thereafter through the present.
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3.18
invoices for the defense of claims by C.S., to Ace beginning in May 2014 and continuing
through present.
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Similarly, the Archdiocese, by and through counsel, began sending defense
3.19
Upon information and belief, BSA is obligated, pursuant to the terms and
conditions of the applicable Ace insurance policies, to pay for the costs of defense of suits until
it meets a deductible-per occurrence and/or deductible-annual aggregate amount.
Upon
information and belief, BSA has yet to meet either deductible with respect to the defense of the
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373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
3.20
Despite repeated assurances that it will pay defense fees and costs, pursuant to
2 its acceptance of tender, its agreement regarding procurement of insurance, and its insurance
3 contractual obligations, BSA has yet to issue payment for a single invoice.
3.21
Similarly, despite its acceptance of the tender of defense for the C.S. claims,
5 Ace has yet to issue payment for any of the invoices it has been sent.
3.22
As a result of these acts and/or omissions by Ace and BSA, the Archdiocese, by
7 and through counsel, has received numerous past due notices for services related to the defense
8 of the Archdiocese against the claims of S.O., D.T., and C.S., and the Archdiocese has continued
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to incur attorneys fees.

3.23
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In an attempt to resolve the defense fees and costs issues, the Archdiocese, by
and through counsel, requested that Ace directly pay the fees and costs for the S.O. and D.T.
matters pursuant to the terms and conditions of its insurance policies because the policies require
it to pay defense fees and costs in the event that BSA fails to perform its duties prior to
satisfying its deductible-per occurrence and/or deductible-annual aggregate.
3.24
In addition, the Archdiocese, by and through counsel, has repeatedly requested
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that Ace provide it a status and pay the invoices related to C.S. Ace has repeatedly ignored or
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not responded timely to inquiries as to when it will pay defense costs for the C.S. claims.
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fees or pay any amounts related to the defense of S.O. and D.T. because of its stated position
that BSA has the obligation to pay those fees and costs.
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3.26
The Archdiocese issued an IFCA 20 day Notification Sheet on September 12,
2014, along with a letter to Ace outlining the Archdiocese issues as well as Aces failures with
respect to all three matters. It has been more than 20 days since the IFCA notice was received.
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Further, Ace has repeatedly refused to reimburse the Archdiocese for defense
3.27
As of November 4, 2014, the Archdiocese had incurred in excess of $379,317.96
in defense fees and costs for defense against S.O.s claims, in excess of $340,771.82 in defense
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373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
1 fees and costs for defense against D.T.s claims, and in excess of $159,611.71 in defense fees
2 and costs for defense against C.S.s claims. Defense fees and costs continue to accrue.
IV.
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4.1
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BREACH OF CONTRACT BY BSA
The Archdiocese incorporates by reference paragraphs 1.1 through 3.27, above,
as if fully set forth herein.

4.2
BSA entered into a written and/or oral agreement with the Archdiocese wherein
it agreed to procure insurance on a primary basis to protect the Archdiocese against claims
arising from scouting-related activities.
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continued as a charter organization and has fully complied with its obligations as a charter
organization. In addition, and based on the written and oral representations of BSA, the
Archdiocese has foregone defense strategies relative to the allegations of S.O. and D.T. in order
to cooperate with BSA in light of the contract and BSAs acceptance of the tender for defense.
4.3
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In reliance on this agreement, the Archdiocese
The Archdiocese is a third-party beneficiary of the insurance contracts between
BSA and ACE, which BSA procured as part of its contract with the Archdiocese.
4.4
Despite its contractual agreements with the Archdiocese, and its acknowledged
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acceptance of the tenders of defense, BSA has failed to pay any defense fees or costs.
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4.5
Further, Aces refusal to step forward and pay defense fees and costs in light of
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BSAs failure to pay evidences that BSA failed to procure the required and agreed insurance.
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4.6
The acts and/or omissions of BSA constitute breach of contract
4.7
As a direct and proximate result of BSAs breach, the Archdiocese has been, and
continues to be, damaged in an amount to be proven at trial, which includes, but is not limited
to, the full amount of all defense fees and costs.
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V.
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5.1
BREACH OF CONTRACT BY ACE
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373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
5.2
Ace issued policies of insurance to BSA under which the Archdiocese is a
primary insured for purposes of the claims by S.O. and D.T and an insured for purposes of the
claims by C.S.
5.3
Ace has explicitly and/or implicitly acknowledged that the Archdiocese seeks a
defense and indemnification under the policies issued by Ace, but has repeatedly refused to pay
defense fees and costs based on its assertion that BSA is presently obligated to pay the fees and
costs for the S.O. and D.T. claims when it responds at all. Ace has also repeatedly either failed
to respond to communications and/or responded in an untimely manner or make any payments
for defense of the C.S. matter despite its implicit acceptance of the tender for defense.
5.4
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The acts and/or omissions of Ace constitute a breach of its contractual duties to
the Archdiocese and have proximately resulted in damage to the Archdiocese in an amount to
be proven at trial, which includes, but is not limited to, the full amount of all defense fees and
costs for all three matters.
VI.
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6.1
BAD FAITH
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6.2
Aces refusal to pay defense fess and costs along with its repeated failures to
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acknowledge pertinent communications, timely respond, and its other acts and/or omissions at a
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minimum violate WAC 284-30-330, WAC 284-30-360, and RCW 48.30.010.

constitute bad faith.
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6.3
The Archdiocese has been harmed by Aces acts and omissions in an amount to
be proven at the time of trial.
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VII.
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They also
7.1
CPA
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373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
1.1
Aces refusal to defend the Archdiocese, including payment of defense fees, and
costs, as well as its acts and/or omissions referenced above are bad faith, constitute violations of
the Specific Unfair Settlement Practices Act, as set forth in WAC 280-30 et seq., and therefore
is a per se unfair and deceptive practice in violation of the Washington Consumer Protection
Act, RCW 19.86, et seq.

7.2
Further, Aces practice of issuing an insurance policy that provides for a
defense, but refusing to pay for the defense despite policy language obligating it to, constitutes
and unfair or deceptive act or practice occurring in trade or commerce and affecting the public
interest.
7.3
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As a proximate result of Aces acts and/or omissions, the Archdiocese has been
damaged in its business or property in an amount to be proven at the time of trial. In addition,
the Archdiocese is entitled to statutory damages up to the maximum available including all
applicable trebling.
VIII.
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8.1
IFCA
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8.2
Aces acts and/or omissions, as set forth above, constitute an unreasonable
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denial of the Archdiocese claim for defense and/or indemnity in violation of Washingtons
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Insurance Fair Conduct Act (IFCA), RCW 48.30.015.
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8.3
themselves per se violations of IFCA.
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Aces violations of WAC 284-30-330 and WAC 284-30-360 are in and of
8.4
As a proximate result of Aces unreasonable denial and its other acts and/or
omissions, the Archdiocese has been damaged in an amount to be proven at the time of trial and
is entitled to recovery of its reasonable attorneys fees and costs.
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IX.
PRAYER FOR RELIEF
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373397
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
WHEREFORE, Archdiocese prays for relief and demands judgment against BSA as
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follows:
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breaches in an amount to be proven at the time of trial;

2.
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For an award of all money damages legally available as a result of BSAs
For an award of all money damages legally available as a result of Aces
breaches in an amount to be proven at the time of trial;

3.
For an award of costs and expenses including reasonable attorneys fees and to
the fullest extent allowed under the law including, but not limited to, to the fullest extent
allowable under IFCA and pursuant to Olympic Steamship, Inc. v. Centennial Ins. Co., 117
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Wn.2d 37, 811 P.2d 673 (1991).

4.
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For an award of treble damages recoverable pursuant to Washingtons
Consumer Protection Act;
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For an award of treble damages recoverable pursuant to IFCA;
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For an award of pre- and post-judgment interest to the fullest extent possible;
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For such other further relief as this Court deems just and equitable.
and
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10th day of December, 2014.

DATED this _____
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PATTERSON BUCHANAN
FOBES & LEITCH, INC., P.S.
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s/Kevin J. Kay
By:______________________________________
Michael A. Patterson, WSBA 7976
Kevin J. Kay, WSBA 34546
Of Attorneys for Defendant CORPORATION
OF THE CATHOLIC ARCHBISHOP OF
SEATTLE
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FILED
14 DEC 10 PM 3:58
KING COUNTY
E-FILED
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF KING
Corporation of the Catholic

Archbishop of Seattle
NO.
14-2-33058-8 SEA
ORDER SETTING CIVIL CASE SCHEDULE
Plaintiff(s),
Benton, Monica, Dept. 49
vs.
ASSIGNED JUDGE:
Boy Scouts of America, et al.
FILED DATE: 12/10/2014

TRIAL DATE: 1/4/2016
SCOMIS CODE: *ORSCS
Respondent(s)
A civil case has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as
ordered by the King County Superior Court Presiding Judge.
I. NOTICES
NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule (Schedule) on the
Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the
Defendant(s) within 10 days after the later of: (1) the filing of the Summons and Complaint/Petition or (2) service of
the Defendant's first response to the Complaint/Petition, whether that response is a Notice of Appearance, a response,
or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed
promptly in the form required by Civil Rule 5 (CR 5).
"I understand that I am required to give a copy of these documents to all parties in this case."
PRINT NAME
SIGN NAME
I. NOTICES (continued)
NOTICE TO ALL PARTIES:
All attorneys and parties should make themselves familiar with the King County Local Rules [KCLCR] -- especially
those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to
pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in
order to comply with the deadlines for joining additional parties, claims, and defenses, for disclosing possible witnesses
[See KCLCR 26], and for meeting the discovery cutoff date [See KCLCR 37(g)].
CROSSCLAIMS, COUNTERCLAIMS AND THIRD PARTY COMPLAINTS:
A filing fee of $240 must be paid when any answer that includes additional claims is filed in an existing case.
KCLCR 4.2(a)(2)
A Confirmation of Joinder, Claims and Defenses or a Statement of Arbitrability must be filed by the deadline in the
schedule. The court will review the confirmation of joinder document to determine if a hearing is required. If a Show
Cause order is issued, all parties cited in the order must appear before their Chief Civil Judge.
PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE:
When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's
Office, and a courtesy copy delivered to the assigned judg e, all pending due dates in this Schedule are automatically
canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents
within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned
judge.
Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of
Settlement pursuant to KCLCR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or
order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed
with notice.
If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLCR 41(b)(2)(A) to present an
Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date.
NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES:
All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or
Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge
with a courtesy copy.
ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE:
A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to mandatory
arbitration and service of the original complaint and all answers to claims, counterclaims and cross-claims have been
filed. If mandatory arbitration is required after the deadline, parties must obtain an order from the assigned judge
transferring the case to arbitration. Any party filing a Statement must pay a $220 arbitration fee. If a party seeks a
trial de novo when an arbitration award is appealed, a fee of $250 and the request for trial de novo must be filed with the
Clerks Office Cashiers.
NOTICE OF NON-COMPLIANCE FEES:
All parties will be assessed a fee authorized by King County Code 4A.630.020 whenever the Superior Court Clerk must
send notice of non-compliance of schedule requirements and/or Local Civil Rule 41.
King County Local Rules are available for viewing at www.kingcounty.gov/courts/clerk.
II. CASE SCHEDULE
CASE EVENTS
DATE
Case Filed and Schedule Issued.

Last Day for Filing Statement of Arbitrability without a Showing of Good Cause for Late Filing [See
KCLMAR2.1(a) and Notices on page 2]. $220 Arbitration fee must be paid
DEADLINE to file Confirmation of Joinder if not subject to Arbitration [See KCLCR 4.2(a) and
Notices on page 2]
DEADLINE for Hearing Motions to Change Case Assignment Area [KCLCR 82(e)]
DEADLINE for Disclosure of Possible Primary Witnesses [See KCLCR 26(b)]
DEADLINE for Disclosure of Possible Additional Witnesses [KCLCR 26(b)]
DEADLINE for Jury Demand [See KCLCR 38(b)(2)]
DEADLINE for Change in Trial Date [See KCLCR 40(e)(2)]
DEADLINE for Discovery Cutoff [See KCKCR 37(g)]
DEADLINE for Engaging in Alternative Dispute Resolution [See KCLCR16(b )]
DEADLINE for Exchange Witness & Exhibit Lists & Documentary Exhibits [See KCLCR 4(j)]
DEADLINE to file Joint Confirmation of Trial Readiness [See KCLCR 16(a)(2)]
DEADLINE for Hearing Dispositive Pretrial Motions [See KCLCR 56;CR56]
Joint Statement of Evidence [See KCLCR 4(k)]
DEADLINE for filing Trial Briefs, Proposed Findings of Fact and Conclusions of Law and Jury
Instructions (Do not file proposed Findings of Fact and Conclusion of Law with the Clerk)
Trial Date [See KCLCR 40]
12/10/2014
5/20/2015
5/20/2015
6/3/2015
8/3/2015
9/14/2015
9/28/2015
9/28/2015
11/16/2015
12/7/2015
12/14/2015
12/14/2015
12/21/2015
12/28/2015
12/28/2015
1/4/2016
The indicates a document that must be filed with the Superior Court Clerk's Office by the date shown.
III. ORDER
Pursuant to King County Local Rule 4 [KCLCR 4], IT IS ORDERED that the parties shall comply with the schedule
listed above. Penalties, including but not limited to sanctions set forth in Local Rule 4(g) and Rule 37 of the Superior
Court Civil Rules, may be imposed for non-compliance. It is FURTHER ORDERED that the party filing this action
must serve this Order Setting Civil Case Schedule and attachment on all other parties.
DATED:
12/10/2014
PRESIDING JUDGE
IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE

READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE.
This case is assigned to the Superior Court Judge whose name appears in the caption of this case schedule. The
assigned Superior Court Judge will preside over and manage this case for all pretrial matters.
COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court
as soon as possible.
APPLICABLE RULES: Except as specifically modified below, all the provisions of King County Local Civil Rules 4
through 26 shall apply to the processing of civil cases before Superior Court Judges. The local civil rules can be found
at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx .
CASE SCHEDULE AND REQUIREMENTS : Deadlines are set by the case schedule, issued pursuant to Local Civil
Rule 4.
THE PARTIES ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL DEADLINES
IMPOSED BY THE COURTS LOCAL CIVIL RULES.
A. Joint Confirmation regarding Trial Readiness Report:
No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned
judge) a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial,
whether a settlement conference has been held, and special problems and needs (e.g. interpreters, equipment, etc.).
The form is available at http://www.kingcounty.gov/courts/superiorcourt.aspx . If parties wish to request a CR 16
conference, they must contact the assigned court. Plaintiffs/petitioners counsel is responsible for contacting the other
parties regarding said report.
B. Settlement/Mediation/ADR
a. Forty five (45) days before the trial date, counsel for plaintiff/petitioner shall submit a written settlement
demand. Ten (10) days after receiving plaintiffs/petitioners written demand, counsel for defendant/respondent shall
respond (with a counter offer, if appropriate).
b. Twenty eight (28) days before the trial date, a Settlement/Mediation/ADR conference shall have been
held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREM ENT MAY RESULT IN
SANCTIONS.
C. Trial: Trial is scheduled for 9:00 a.m. on the date on the case schedule or as soon thereafter as convened by the
court. The Friday before trial, the parties should access the King County Superior Court website
http://www.kingcounty.gov/courts/s uperiorcourt.aspx to confirm trial judge assignment. Information can also be
obtained by calling (206) 205-5984.
MOTIONS PROCEDURES
A. Noting of Motions
Dispositive Motions: All summary judgment or other dispositive motions will be heard with oral argument before the
assigned judge. The moving party must arrange with the hearing judge a date and time for the hearing, consistent with
the court rules. Local Civil Rule 7 and Local Civil Rule 56 govern procedures for summary judgment or other motions
that dispose of the case in whole or in part. The local civil rules can be found at
http://www.kingcounty.gov/courts/superiorcourt/civil.aspx.
Non-dispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge
without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is
requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the
Note for Motion should state Without Oral Argument. Local Civil Rule 7 governs these motions, which include
discovery motions. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx.
Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions
relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other
motions should be noted and heard on the Family Law Motions calendar. Local Civil Rule 7 and King County Family
Law Local Rules govern these procedures. The local rules can be found at
http://www.kingcounty.gov/courts/superiorcourt/civil.aspx.
Emergency Motions: Under the courts local civil rules, emergency motions will be allowed only upon entry of an
Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call and without
written motion, if the judge approves.
B. Original Documents/Working Copies/ Filing of Documents: All original documents must be filed with the
Clerks Office. Please see information on the Clerks Office website at www.kingcounty.gov/courts/clerk regarding
the new requirement outlined in LGR 30 that attorneys must e-file documents in King County Superior Court. The
exceptions to the e-filing requirement are also available on the Clerks Office website.
The working copies of all documents in support or opposition must be marked on the upper right corner of the first page
with the date of consideration or hearing and the name of the assigned judge. The assigned judges working copies
must be delivered to his/her courtroom or the Judges mailroom. Working copies of motions to be heard on the Family
Law Motions Calendar should be filed with the Family Law Motions Coordinator. On June 1, 2009 you will be able to
submit working copies through the Clerks office E-Filing application at www.kingcounty.gov/courts/clerk.
Service of documents: E-filed documents may be electronically served on parties who opt in to E-Service within the EFiling application. The filer must still serve any others who are entitled to service but who have not opted in. E-Service
generates a record of service document that can be e-filed. Please see information on the Clerks office website at
www.kingcounty.gov/courts/clerk regarding E-Service.
Original Proposed Order: Each of the parties must include an original proposed order granting requested relief with
the working copy materials submitted on any motion. Do not file the original of the proposed order with the Clerk of
the Court. Should any party desire a copy of the order as signed and filed by the jud ge, a pre-addressed, stamped
envelope shall accompany the proposed order.
Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is
absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is
responsible for providing the assigned judge with a copy.
Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the
assigned judge or in the Ex Parte Department. Formal proof in Family Law cases must be scheduled before the
assigned judge by contacting the bailiff, or formal proof may be entered in the Ex Parte Department. If final order
and/or formal proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned
judge with a copy.
C. Form
Memoranda/briefs for matters heard by the assigned judge may not exceed twenty four (24) pages for dispositive
motions and twelve (12) pages for non-dispositive motions, unless the assigned judge permits over-length
memoranda/briefs in advance of filing. Over-length memoranda/briefs and motions supported by such
memoranda/briefs may be stricken.
IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN
DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SHALL FORWARD A COPY OF THIS
ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER.
PRESIDING JUDGE
FILED
14 DEC 10 PM 3:58
KING COUNTY
E-FILED
SUPERIOR COURT OF WASHINGTON

COUNTY OF KING
14-2-33058-8 SEA
Corporation of the Catholic Archbishop of NO.
Seattle
VS
Boy Scouts of America, et al.
(COM) -
CASE INFORMATION COVER SHEET

AND AREA DESIGNATION
CAUSE OF ACTION
BREACH OF CONTRACT (COM 2)
AREA DESIGNATION
SEATTLE -
Defined as all King County north of Interstate 90 and including all

of Interstate 90 right of way, all of the cities of Seattle, Mercer
Island, Issaquah, and North Bend, and all of Vashon and Maury
Islands.
FILED
14 DEC 10 PM 3:58
KING COUNTY
E-FILED
2
3
4
5
6

IN AND FOR KING COUNTY
7
8
9
10
11
12

Plaintiff,
13
14
15
16
17
v.
No.
SUMMONS (20) Day
{Clerks Action Required}

AMERICA, a foreign insurer.
Defendants.
18
19
TO:
CLERK OF THE COURT;
20
AND TO:
BOY SCOUTS OF AMERICA, DEFENDANT
A lawsuit has been started against you in the above-entitled court by Plaintiff.
21
22
23
24
25
Plaintiffs claim is stated in the written Complaint, a copy of which is served upon you with
this Summons. In order to defend against this lawsuit, you must respond to the Complaint by
stating your defense in writing, and by serving a copy upon the person signing this Summons
within 20 days after the service of this Summons within the State of Washington or 60 days if
PATTERSONBUCHANAN
SUMMONS - 1
375575
2112ThirdAvenue,Suite500
Seattle WA 98121Tel.206.462.6700 Fax206.462.6701
served outside of the State of Washington, excluding the day of service, or a default judgment
may be entered against you without notice. A default judgment is one where Plaintiff is
entitled to what they ask for because you have not responded. If you serve a notice of
appearance on the undersigned attorneys, you are entitled to notice before a default judgment
may be entered.
You may demand that the Plaintiff file this lawsuit with the court. If you do so, the
demand must be in writing and must be served upon the person signing this Summons. Within
14 days after you serve the demand, the Plaintiff must file this lawsuit with the court, or the
service on you of this Summons and Complaint will be void

If you wish to seek the advice of an attorney in this matter, you should do so promptly
10
11
so that your written response, if any, may be served on time.

This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the
12
13
State of Washington.
14
10th
DATED this _____ day of December, 2014.
15
16
PATTERSON BUCHANAN
17
18
s/Kevin J. Kay
By:____________________________________
Michael A. Patterson, WSBA No. 7976
Kevin J. Jay, WSBA No. 34546
Of Attorneys for Plaintiff CORPORATION OF
THE CATHOLIC ARCHBISHOP OF
SEATTLE
19
20
21
22
23
24
25
PATTERSONBUCHANAN
SUMMONS - 2
375575
2112ThirdAvenue,Suite500
Seattle WA 98121Tel.206.462.6700 Fax206.462.6701
FILED
14 DEC 10 PM 3:58
KING COUNTY
E-FILED
2
3
4
5
6

IN AND FOR KING COUNTY
7
8
9
10
11

Plaintiff,
12
v.
13
14
15
16
17
18
No.
SUMMONS (40) Day
{Clerks Action Required}

AMERICA, a foreign insurer.
Defendants.
TO:
CLERK OF THE COURT;
AND TO:
INSURANCE COMPANY OF NORTH AMERICA, DEFENDANT
19
A lawsuit has been started against you in the above-entitled court by Plaintiff.
20
21
22
23
24
25
Plaintiffs claim is stated in the written Complaint, a copy of which is served upon you with
this Summons. In order to defend against this lawsuit, you must respond to the Complaint by
stating your defense in writing, and by serving a copy upon the person signing this Summons
within 40 days after the service of this summons upon the Washington Insurance
Commissioner, excluding the day of service, or a default judgment may be entered against you
without notice. A default judgment is one where the Plaintiff is entitled to what they ask for
-1
375580
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701
because you have not responded. If you serve a notice of appearance on the undersigned
attorney, you are entitled to notice before a default judgment may be entered.
You may demand that the Plaintiff file this lawsuit with the court. If you do so, the
demand must be in writing and must be served upon the person signing this Summons. Within
14 days after you serve the demand, the Plaintiff must file this lawsuit with the court, or the
service on you of this Summons and Complaint will be void

If you wish to seek the advice of an attorney in this matter, you should do so promptly
7
8
so that your written response, if any, may be served on time.

This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the
9
10
State of Washington.
11
10th
DATED this _____ day of December, 2014.
12
PATTERSON BUCHANAN
13
14
s/Kevin J. Kay
By:______________________________________
Michael A. Patterson, WSBA 7976
Kevin J. Kay, WSBA 34546
Of Attorneys for Plaintiff CORPORATION OF
THE CATHOLIC ARCHBISHOP OF
SEATTLE
15
16
17
18
19
20
21
22
23
24
25
-2
375580
PATTERSONBUCHANAN
Tel.206.462.6700 Fax206.462.6701

CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE v. BOY SCOUTS OF AMERICA Et Al Complaint

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Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 1 of 29

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 2 of 29

CORPORATION OF THE CATHOLIC

BOY SCOUTS OF AMERICA, a

COMES NOW the Corporation of the Catholic Archbishop of Seattle, a Washington

Plaintiff Archdiocese is a Washington state nonprofit corporation with its

primary administrative offices located in Seattle, Washington, which encompasses Catholic

Defendant Boy Scouts of America (BSA) is a congressionally chartered

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 3 of 29

BSAs strict guidelines and control.

Defendant Insurance Company of North America (Ace) is a foreign insurance

business in Pennsylvania, and is licensed to do business in Washington State.

including in Seattle, King County, Washington.

JURISDICTION AND VENUE

The Archdiocese incorporates by reference as if fully set forth herein the

allegations of paragraphs 1.1 through 1.3, above.

transact business in Seattle, King County, Washington.

The Archdiocese incorporates by reference as if fully set forth herein the

allegations of paragraphs 1.1 through 2.4, above.

25 but not limited to, during the years of 1981 to 1993.

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 4 of 29

Beginning in approximately March 1, 1986, and as part of the Archdioceses

BSA entered into insurance contracts with Ace to provide the

required insurance and the Archdiocese is a third-party beneficiary of those contracts of

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 5 of 29

The Archdiocese is a primary insured under the policies of insurance issued by

2 Ace and identified in paragraph 3.6, above.

D.T. alleged that he was abused in approximately 1986 because of his

As a result of these allegations, the Archdiocese tendered a claim for defense to

25 accepted the tender for the claims made by plaintiff D.T.

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 6 of 29

Ace subsequently implicitly or explicitly has acknowledged that the

the claims brought by C.S.

In addition, the Archdiocese, by and through counsel, began sending defense

Similarly, the Archdiocese, by and through counsel, began sending defense

25 suits by S.O. and D.T.

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 7 of 29

to incur attorneys fees.

In addition, the Archdiocese, by and through counsel, has repeatedly requested

The Archdiocese issued an IFCA 20 day Notification Sheet on September 12,

As of November 4, 2014, the Archdiocese had incurred in excess of $379,317.96

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 8 of 29

BREACH OF CONTRACT BY BSA

The Archdiocese incorporates by reference paragraphs 1.1 through 3.27, above,

as if fully set forth herein.

arising from scouting-related activities.

In reliance on this agreement, the Archdiocese

The Archdiocese is a third-party beneficiary of the insurance contracts between

The acts and/or omissions of BSA constitute breach of contract

BREACH OF CONTRACT BY ACE

The Archdiocese incorporates by reference paragraphs 1.1 through 4.7, above,

as if fully set forth herein.

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 9 of 29

Ace issued policies of insurance to BSA under which the Archdiocese is a

to respond to communications and/or responded in an untimely manner or make any payments

The Archdiocese incorporates by reference paragraphs 1.1 through 5.4, above,

minimum violate WAC 284-30-330, WAC 284-30-360, and RCW 48.30.010.

be proven at the time of trial.

The Archdiocese incorporates by reference paragraphs 1.1 through 6.3, above,

as if fully set forth herein.

Case 2:15-cv-00061-RSM Document 1-1 Filed 01/14/15 Page 10 of 29

Act, RCW 19.86, et seq.