Church Mutual has filed a complaint seeking to deny any insurance liability in the $1 million defamation lawsuit from abuse-survivor Cindy Clemishire against Gateway Church and its founder, Robert Morris. The Wisconsin-based insurance company contends that because Clemishire’s defamation claims involve Morris’s criminal conduct, they don’t fall under its insurance policy.

Clemishire, along with her father, filed the lawsuit against Morris and Gateway in Southlake, Texas, this summer. They allege that Morris and church leaders benefitted financially from their deceit regarding Morris’ sexual abuse of Clemishire in the 1980s, starting when she was 12 years old.

Clemishire said that in June 2024, church leaders painted the pastor’s abuse as merely a “moral failure” involving a “young lady,” instead of the rape of a child. She also contends Morris and church leadership made “knowingly false” statements about her that minimized the crime after media reports surfaced that same year.

She is seeking $1 million in damages along with accountability from church leaders. In October, Morris pleaded guilty to sexually abusing Clemishire.

Church Mutual, though, asked the Texas northern district court earlier this month to issue a declaratory judgment in favor of the company. If successful, Church Mutual’s insurance policy for Gateway and Morris would be excluded from claims involving Morris’ criminal conduct.

Christine Jones, attorney and The Roys Report board member, said that while this type of complaint is typical for insurance companies to make, it demonstrates the additional hoops and delays victims go through to receive full justice. 

Though Morris is behind bars and has admitted to his crime, Clemishire still has a complicated path to getting justice, Jones said. Church Mutual’s latest filing just lengthens that process.

TRR reached out to Church Mutual and Gateway for comment on the recent complaint, and both declined.

Morris’s abuse happened decades before the insurance policy

Church Mutual argues in its complaint that because Morris’ actions involve criminal conduct, the insurance policy for the church and its founding pastor should be excluded from Clemishire’s lawsuit.

Gateway had the two insurance policies through Church Mutual from December 2023 – December 2025, according to the complaint. The policies included a sexual misconduct exclusion, which meant that the coverage was disqualified for any claim involving the sexual misconduct of any person.

Church Mutual contends that Clemishire’s suit falls under this exclusion. It added that Morris’ abuse occurred long before the policies existed, as he abused Clemishire more than four decades ago.

Additionally, Church Mutual states that it isn’t required to cover Morris’ ministry, the Robert Morris Evangelistic Association, as that never fell under the insurance policy to begin with.

The company is seeking a declaratory judgment that its policies don’t apply to the issues Clemishire raised.

Jones said Church Mutual is arguing it has never covered intentional sexual misconduct and won’t do so now.

“Church Mutual is arguing the same thing that virtually every corporate insurer argues in the case of a (sexual assault) accusation: That is, we do not cover intentional criminal acts,” Jones said. “That’s what they’re saying. You engaged Robert in an intentional criminal act here, sexual assault or rape, and we don’t cover that.”

Church Mutual is aiming to resolve issues up front

Jones explained that Church Mutual is asking for a declaratory judgment now because it allows the company to get a court ruling saying it’s not involved in this part of the case before the underlying liability case advances.

Insurers have strict obligations that require them to step in and assert their rights promptly, or they risk waiting too long, losing the ability to raise a defense. Jones said that basically by filing now, Church Mutual is aiming to resolve these questions up front.

Then the court can decide if any of the claims fall within the policy, if any exclusions apply, and if it would have to fund the defense or pay out any judgment.

In this case, Church Mutual confronts allegations that “span decades, involve intentional criminal conduct, and include statements made long after the policy periods began,” Jones said. “Each of those issues triggers different exclusions, notice requirements, and timing rules under standard liability policies.”

“It’s a procedural mechanism designed to give all parties clarity before the high-stakes litigation in state court proceeds,” Jones said. “This is a complicated insurance coverage matter because the policies include multiple overlapping notice provisions, time periods, and coverage exclusions.”

Jones added that Church Mutual lists Clemishire as a defendant in its lawsuit because her claims triggered the potential insurance coverage. In a declaratory-judgment filing, the damages from a claimant, in this case Clemishire, cause an insurance dispute. Essentially, the “court can’t decide the insurer’s obligations unless the person bringing the underlying claims is at the table,” Jones said.

The money question is tricky

Jones noted that Church Mutual is not trying to get out from the defamation claims Clemishire makes, but merely the claims involving criminal conduct. Insurance companies typically cover defamatory words that include errors, omissions, and more.

 If Church Mutual does get excluded and Clemishire goes on to win or settle her suit, the question of who pays the $1 million damages is a bit tricky. Morris, the church, and all the other parties involved will have to fight over who pays how much.

Church Mutual’s latest filing illustrates how complicated it is for victims to receive damages in sexual abuse cases. Even if their claims are valid, the perpetrator’s insurance company might not be responsible for paying out the suit.

And that just makes justice that much more complicated.

Meanwhile, Clemishire’s underlying lawsuit continues to make progress. Last week, Dallas County Judge Emily Tobolowsky rejected a plea by Morris to have Clemishire’s lawsuit dismissed on First Amendment grounds.

Liz Lykins is a correspondent covering religion news for The Roys Report, WORLD Magazine, and other publications.