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Judge rules against Tony Stewart in case with his insurance

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Lady NASCAR

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Post Sat Jul 30, 2016 11:07 am

Judge rules against Tony Stewart in case with his insurance

A federal district judge ruled Friday that Axis Insurance is not required to cover any damages Tony Stewart might have to pay in a wrongful death lawsuit brought by the estate of Kevin Ward Jr.

Judge David N. Hurd of the Northern District of New York granted Axis Insurance’s request for summary judgment.

Ward, 20, was struck by Stewart’s car and died Aug. 9, 2014, during a sprint car race at Canandaigua (N.Y.) Motorsports Park. Ward exited his car after hitting the wall while racing Stewart and walked down the track toward Stewart’s car during the caution when he was struck. The Ward family filed the lawsuit Aug. 7, 2015, seeking unspecified damages against Stewart.

Axis Insurance Company stated in court documents that “this insurance does not apply to claims or actions brought by one racing vehicle driver against another racing vehicle driver.’’

Axis also stated that its policy was limited to events specifically listed by Tony Stewart Racing. Those events included 65 World of Outlaw races, 30 USAC Sprint Car races and 10 USAC Silver Crown races.

Stewart was racing in an Empire Super Sprints race when Ward was killed. That series was not specifically listed to be covered in the insurance policy.

Stewart’s claim was that Axis’ contract created confusion, “leaving Stewart and (Tony Stewart Racing) to guess which coverages the endorsement does and does not apply to.’’

The U.S. District Court judge stated in his ruling that: “Simply put, Axis’s interpretation of the Schedule of Events endorsement as a limitation on the events that would be covered … is a commonsense reading of the document when it is considered in the context of the whole Policy. The chain of inferences and series of second-guesses necessary to reach an alternative conclusion … is a painfully strained reading of the CGL Policy’s provisions.’’

The ruling also means that Stewart will be responsible for all of his attorney fees in the Ward lawsuit.
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michaeljohn

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Post Sat Jul 30, 2016 12:30 pm

Re: Judge rules against Tony Stewart in case with his insura

i was going to post this earlier, but wasnt sure how people would feel...

a judgement like this may have him considering to settle out of court.
I miss you Frehley........

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Lady NASCAR

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Post Sat Jul 30, 2016 1:04 pm

Re: Judge rules against Tony Stewart in case with his insura

I just figured as Tony fans we all wanted to know what was effecting his life.
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bubbly14

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Post Sat Jul 30, 2016 5:45 pm

Re: Judge rules against Tony Stewart in case with his insura

I feel his pain every day! Keep the Faith Tony! #1 Fan! Lisa:-)
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HiddenHollow

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Post Sat Jul 30, 2016 5:51 pm

Re: Judge rules against Tony Stewart in case with his insura

Guess I'm not surprised. I'm sure the insurance company's attorneys very carefully worded the policy.

Now the Ward's lawsuit will move forward. :(
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

#SmokeHasRisen
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alenigma

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Post Sat Jul 30, 2016 6:24 pm

Re: Judge rules against Tony Stewart in case with his insura

C'mon, your Honor...That Ward boy was almost as high as me....Big Al.
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michaeljohn

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Post Sat Jul 30, 2016 6:53 pm

Re: Judge rules against Tony Stewart in case with his insura

and that is why i didnt want to post it, because i knew there would be comments about Kevin...and i am sure there will be more
I miss you Frehley........

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Tinker

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Post Sat Jul 30, 2016 7:03 pm

Re: Judge rules against Tony Stewart in case with his insura

michaeljohn wrote:and that is why i didnt want to post it, because i knew there would be comments about Kevin...and i am sure there will be more


Most unfortunately true MJ.
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“Life is tough, but it's tougher if you're stupid.” ~ John Wayne
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alenigma

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Post Sat Jul 30, 2016 7:29 pm

Re: Judge rules against Tony Stewart in case with his insura

Pleeze don't take my reply out of context..! I was making light where there was no making light! My Bad. And, yes, I'm sorry!
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barnes442

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Post Sat Jul 30, 2016 9:39 pm

Re: Judge rules against Tony Stewart in case with his insura

Only thing I got out of that is they might want to look into something different for Schatz and Tony going forward to make sure they are covered whenever they are in a car.

Now move along to the business of kicking a$$ in that 14 car
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jdpirate

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Post Sat Jul 30, 2016 11:14 pm

Re: Judge rules against Tony Stewart in case with his insura

HiddenHollow wrote:Guess I'm not surprised. I'm sure the insurance company's attorneys very carefully worded the policy.

Now the Ward's lawsuit will move forward. :(


Their lawsuit would move forward regardless of this judges ruling as it is a totally separate case.
I'm Living my life the way I want to..... Tony Stewart
Never Quit..... Marcus Luttrell Lone Survivor
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HiddenHollow

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Post Sun Jul 31, 2016 8:09 am

Re: Judge rules against Tony Stewart in case with his insura

Tony's attorneys were delaying until this question of insurance coverage was settled.
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

#SmokeHasRisen
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TishR

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Post Sun Jul 31, 2016 1:15 pm

Re: Judge rules against Tony Stewart in case with his insura

Please we all know trying to fight an insurance company is like trying to fight the federal government. Insurance companies hire more lawyers than they do agents. I think we should have all known this was coming and it does not surprise me. In my honest opinion insurance companies of any kind have to much leeway with the law and it is no wonder so many people do not want to deal with them.
Tish
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Lady NASCAR

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Post Fri Aug 26, 2016 1:58 pm

Re: Judge rules against Tony Stewart in case with his insura

Tony Stewart will appeal a ruling last month by a U.S. District Court judge who determined Axis Insurance Company does not have to cover legal costs and claims by the family of Kevin Ward Jr. against Stewart. The judge ruled that Stewart's policy did not cover Empire Super Sprints events, the series Stewart was competing in when the Ward tragedy occurred in August 2014 at Canandaigua (N.Y.) Motorsports Park.(ESPN)(8-26-2016)
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alenigma

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Post Fri Aug 26, 2016 6:36 pm

Re: Judge rules against Tony Stewart in case with his insura

And if Tony wins that appeal, Axis will appeal that verdict, etc.....This will take some time. And things will get uglier.

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