NASCAR champion denied coverage in wrongful death suit.

A New York federal judge ruled that Axis Insurance Co. did not have to defend or indemnify NASCAR champion Tony Stewart in an underlying wrongful death suit filed by the parents of a race car driver who was struck and killed by Stewart in a 2014 sprint car race. The judge held that the policy did not extend coverage to the race in question. The presiding judge pointed out that the commercial general liability policy that Axis issued to Tony Stewart Racing Enterprises LLC contains a “schedule of events” endorsement laying out 105 specific events to which the policy’s coverage applies. However, the Empire Cup Sprint Series race, where Stewart’s car fatally struck Kevin Ward Jr., is not listed as a covered event.

_{Case Law Alerts, 4^th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}