Court Rules ‘Athletics Exclusion’ Clause Was Inapplicable in Insurance Case

A federal judge has denied the summary judgment motion of North American Capacity (NAC), a commercial general liability insurer, in a suit brought by Hawaiian Isle Adventures (HIA), an outdoor recreation company.   Lee Townes drowned while snorkeling during one of HIA’s outings on July 15, 2004. Mr. Townes’s wife filed suit against HIA, claiming that HIA’s negligence caused her husband’s death. NAC declined to provide a defense or coverage to HIA in the case. HIA’s suit arose o