ILNews

Justices divided on whether accident is covered by policy

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ 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.

  5. 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.

ADVERTISEMENT