Declaratory Judgment – Insurance Coverage

Listen to this article

Civil

7^th Circuit Court of Appeals

Officials: POSNER, RIPPLE, and KANNE, Circuit Judges

Declaratory Judgment – Insurance Coverage

No. 14-2009 Westfield Insurance Company v. Scot Vandenberg

Appellants injuries not independent of negligent maintenance of yacht and are not included for coverage under appellant policy’s “watercraft exclusion” provision.

“With the guidance of the Appellate Court of Illinois, we reach the same conclusion. Mr. Vandenberg fell from the top deck of the yacht after the bench on which he was sitting tipped over. Because the top deck of the yacht did not have a railing, he fell a substantial distance, resulting in his injuries and paralysis. In his state court complaint, Mr. Vandenberg recognized that his injury would not have occurred if Rose Paving had provided a railing or prevented him from accessing the top deck of the yacht. Thus, the accident and Mr. Vandenberg’s resulting injuries were not “wholly independent of” the negligent operation, maintenance, or use of the yacht. Northbrook Prop. & Cas. Co., 741 N.E.2d at 254 (internal quotation marks omitted). Mr. Vandenberg’s injuries therefore come under the policies’ watercraft exclusion, and the policies do not provide coverage.”

Affirmed.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.