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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT