ILNews

Court: team-building activity not under insured conditions

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.

In Sarah Haag, et al. v. Mark Castro, The Indiana Youth Soccer Association, Virginia Surety Co, Inc., et al., No. 29A04-1001-CT-10, the panel disagreed about what constituted “used in the business of.”

Members of the Carmel Commotion Soccer Team traveled in June 2004 to Colorado for a soccer tournament. During a pre-planned time for an unspecified “team activity,” the coach, Mark Castro, and team members decided to go on a white-water rafting trip and used the passenger van the coach had rented in Colorado for use during the tournament. While traveling to raft, the van collided with another vehicle and team members were injured.

Team members in June 2006 filed a complaint for declaratory relief seeking a declaration that Virginia Surety’s policy, which was secured through the Indiana Youth Soccer Association, provided coverage for the team members while the coach drove them to the team-building white-water rafting activity.

The policy provided for business auto coverage and extended coverage – under certain conditions – for liability out of the use of a vehicle. This covered “Named Insured, member associations and its clubs, leagues, teams, employees, volunteers, executive officers, directors, shareholders, therein but only while the automobile is being used in the business of the Named Insured. … App. p. 101 (emphasis added).”

Virginia Surety filed for summary judgment and evidentiary designation denying coverage to the team members for their injuries sustained in the collision. Team members filed a cross-motion for summary judgment. The trial court granted summary judgment in Virginia Surety’s favor Dec. 10, 2009.

The appellate court focused on the meaning of “used in the business of” and whether the coach’s use of the van was “in the business of the Named Insured” at the time of the accident.

“Because the designated evidence does not establish that the IYSA had the right to control Carmel Commotion’s activities while attending the out-of-state soccer tournament, we conclude that Castro was not using the rented van 'in the business of' the IYSA when he was transporting the team to a white water rafting activity unrelated to the out-of-state soccer tournament the team received the IYSA’s permission to attend. Under the terms of the Virginia Surety insurance policy and the facts and circumstances before us, we hold that Castro’s use of the van was not covered under the policy. Accordingly, we affirm the trial court’s summary judgment in favor of Virginia Surety,” wrote Judge Paul Mathias, with which Judge Cale Bradford concurred.

Judge Patricia Riley, however, dissented.

In the dissent, she wrote, the IYSA “clearly had the right to control Carmel Commotion’s out-of-state participation and the time spent while partaking in the tournament. Not only was Carmel Commotion required to receive IYSA’s permission prior to attending, but it also had to pay fees and the Team Members were required to carry certain documents with them. Regardless of its awareness of Carmel Commotion’s team building activity on June 12, 2004, the IYSA was in control of the trip because the IYSA could have withheld the permit to travel, as was its right; however, by issuing the permit they implicitly and without any limitations assured that the Team Members were insured during the duration of the trip.”
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

ADVERTISEMENT