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Justices divided on whether accident is covered by policy

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The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.

Justice Frank Sullivan Jr. authored the majority opinion, which found the insurance policy provided by Virginia Surety was unambiguous and did not require the insurer to provide coverage for the youth who were injured in the accident. Team members of Carmel Commotion, which is affiliated with IYSA, were in a rented van driven by their coach, Mark Castro, on their way to a “team-building” activity of white-water rafting when the van was in an accident.

The injured players and their parents sued Castro and IYSA’s insurance carrier seeking a declaration that IYSA’s insurance policy through Virginia Surety provided coverage while Castro drove the team to the white-water rafting activity. The trial court granted summary judgment to Virginia Surety; a divided Indiana Court of Appeals panel affirmed.

Examining the commercial lines policy at issue, the justices concluded that the accident did not occur while the van was being “used in the business of” IYSA. The high court deduced using the IYSA’s organizational documents that the association has three lines of business: promoting soccer; regulating competition, leagues, teams and players; and conducting specific events. For the policy to provide coverage for the accident, the van had to be used in one of those three lines of business. At the time of the accident the team nor Castro were doing any of those three things, so the accident wasn’t covered, wrote Sullivan in Sarah Haag, et al. v. Mark Castro, The Indiana Youth Soccer Association, Virginia Surety Company, Inc., et al., No. 29S04-1102-CT-118.

“Carmel Commotion’s ‘business’ is competing – along with the practicing, ‘team-building,’ and the like that comes with it. And while the IYSA promotes tournaments and regulates who plays in tournaments and even sponsors tournaments … the IYSA itself does not compete. The IYSA promotes soccer. It regulates playing soccer. It conducts soccer tournaments. But when an IYSA-registered team, with the help of its coach, competes in a tournament (even a tournament sponsored or sanctioned by the IYSA), the team is engaged in its own business, not that of the IYSA,” he wrote.

Justice Brent Dickson dissented because he found the policy to be ambiguous and should be construed to provide coverage under Indiana law. He disagreed with the majority’s narrow characterization of the “business” of the IYSA, and he wrote Virginia Surety should have clarified in its policy that travel to “team-building events” away from the soccer field should be excluded from coverage.

Justice Steven David did not participate.

 

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  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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