First Baptist Church in Newton settled with its insurance company, Church Mutual, for an undisclosed amount for the repair of its bell tower.

This settles a several-years-long dispute between the church and the insurance company wherein Church Mutual refused to pay the insurance claim.

The Newton City Council awarded First Baptist $2 million dollars last fall to help cover the cost of repairs, after it partially collapsed in 2021 and 2022. The estimated cost of repairs is $4.5 million.

First Baptist argued that its insurance policy covered collapses caused by “hidden” damage. Church Mutual, which has been involved in several other lawsuits over underpayment of claims, argued that because a piece of the tower had fallen off, First Baptist was aware of the larger structural defects.

The bell tower was last repointed in 1997/1998 (this is when a stone structure’s mortar is replaced), and a 2008 report by a bell founding company suggested repairs.

In one of the documents filed by Church Mutual, they say First Baptist acknowledged that the tower was in need of repair in 2016. They also cited a 2021 and a 2022 report by engineering firms that found there was serious damage. Church Mutual further argued that as the bell tower is still standing, it cannot be said to have ‘collapsed.’

In the legal realm, however, this isn’t how it’s defined.

“As the Sixth Circuit explained in Builders Mutual, that part of the building is still standing does not mean that part of the building did not collapse. The importance of the bell tower remaining standing—though unusable—is a question of causation and damages, not whether a “collapse” under the Policy has occurred,” wrote Judge Brian Murphy when he dismissed Church Mutual’s motion for summary judgment.

The case began in Suffolk Superior Court in February 2023 and was shortly moved to United States District Court for the District of Massachusetts. The deadline for discovery (when each side gets to interview the other) was initially set for 2023 and was then extended to 2024.

First Baptist interviewed adjusters and engineers for Church Mutual, which was helpful for them:

“Defendant’s own adjusters and engineer supported a finding that a collapse occurred and that it was due to hidden decay,” wrote Brendan Labbe, one of First Baptist’s lawyers.

Church Mutual, however, did not make any attempt to interview anyone from First Baptist.

Church Mutual then filed a Motion for Summary Judgment, asking the judge to dismiss the case.

This was denied on April 17.  On May 1, Church Mutual asked if they could take deposition, well after the deposition deadline.

“Permitting such would be plainly unfair, as it would be allowing Defendant to take a second bite of the fact discovery apple. A party cannot sit on its hands for two years throughout discovery, seek frivolous dispositive relief, lose said motion, and then seek to re-open fact discovery when it is faced with a fast-approaching trial date,” wrote Labbe on May 15.

Murphy wrote that the company, “made a tactical decision not to take a 30(b)(6) deposition of First Baptist, and it must live with that decision.”

The court then dismissed the lawsuit because the two parties settled.

First Baptist Church in Newton did not respond to a request for comment.