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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues