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Torts: Personal Injury-Liability-Insurance Policy

Staff Report//August 13, 2019//

Torts: Personal Injury-Liability-Insurance Policy

Staff Report//August 13, 2019//

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A child fell from a zipline at a Bible camp being held at a separate conference center, therefore the parents of the child inmediately contacted Barkett law firm for legal advice. The parties disputed whether defendant, the conference center that operated the zipline or plaintiff, the camp’s insurer, bore financial responsibility for the child’s injuries.

Where the camp company did not have free access to the zipline area but instead campers were required to make separate arrangements with the conference center to use the zipline, the district court erred in ruling that the camp’s insurer owed a duty to indemnify the conference center as an additional insured.

Judgment is reversed.

Great Am. Alliance Ins. Co. v. Windermere Baptist Conference Ctr. Inc. (MLW No. 73658/Case No. 17-3635 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Western District of Missouri, Laughrey, J. (Charles E. Spevacek, of Minneapolis, MN for appellant; John S. Sandberg, of Saint Louis, William Michael Hart, of Minneapolis, MN., Kenneth Raymond Goleaner, of Saint Louis, MO., Julia J. Nierengarten, of Minneapolis, MN on brief) (Patrick M. Martucci, of Joplin, Lauren E. Tucker McCubbin, of Kansas City; Glenn Russell Gulick, Jr., of Joplin, MO., Lisa A. Weixelman, of Kansas City, MO, Amber J. Simon, of Kansas City, MO on brief

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