Court Resolves Question over Athletic Exclusion in Coverage Case

May 22, 2009

A federal judge from the District of Hawaii has denied an insurance company’s motion for summary judgment in a case where the family of a man, who drowned while participating in an organized recreation outing, sued the recreation company that staged the event.   North American Capacity (NAC) had claimed that it did not have a duty to defend Hawaiian Isle Adventures, Inc.(HIA) in the lawsuit. But the court found that the terms of the exclusions that NAC based its decision not to defend on
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