Many insurance companies write policies which are specifically tailored to the needs of the individual or business purchasing the policy. This is true of companies who provide insurance to churches. Often, an insurance policy designed to protect a church has a number of different sections and areas of coverage. This is essential due to the unique circumstances of a church atmosphere. Often churches operate a daycare facility or a school. Churches can also offer bus and other transportation services which leaves it subject to multiple areas of liability. As well as coverage regarding the specific services a church offers, it is also common for a church’s insurance policy to offer general commercial liability coverage and coverage regarding sexual misconduct allegations.
Unfortunately, lawsuits against churches come in all forms. From the situations where a person slips and falls on the church parking lot to those unpleasant circumstances where allegations are made of sexual (or other) misconduct, churches find themselves in litigation. These lawsuits can often be complicated by the relationships and close ties to the church leaders. When a lawsuit is brought against a church these and other various considerations which are unique to a church setting must be taken into account. It can be difficult for the members and church officials to remain objective when the case is emotionally charged.
There are some complaints against a church that the Oklahoma Courts have held they will not interfere in. The Oklahoma Supreme Court has stated that as a court of law, it is not their role to decide “who ought to be members of the church, nor whether the excommunicated have been justly or unjustly, regularly or irregularly cut off from the body of the church.” Fowler v. Bailey, 1992 OK 160, 844 P.2d 141. Oklahoma courts have also declared “church membership, by itself, is not a civil or property right subject to civil judicial regulation, and we will not compel a church to reinstate a member.” Id. Because of this, attempts to sue a church over whether he/she should be reinstated as a member or was wrongfully excommunicated often fail.
In order to bring certain claims against a church a person must first have the standing to do so. Membership is not always required to show standing to sue a church; however, whether or not the court will hear property disputes against a church is generally dependent upon a the person’s church membership. Fowler, 1992 OK 160, 844 P.2d at 147. There are certain property claims that a person who has been excommunicated or is no longer a member of a church cannot successfully bring. The problems that arise involving the church membership of the parties to the lawsuit is just one of the complex issues that often comes up when a church has been sued.
Buckman & Roach has experience in handling claims and lawsuits brought against churches. If you would like assistance regarding a claim or lawsuit involving a church, please call us at 1-866-959-3185.