Deatley v. Mutual of Omaha Ins. Co., No. 12-1068 (8th Cir. 2012)
Annotate this CasePlaintiff appealed the district court's order granting Mutual's motion for summary judgment and denying plaintiff's motion for summary judgment on his breach of contract claim for Mutual's denial of coverage under an insurance policy. Plaintiff's failure to qualify for the wrestling tournament precluded him from participating in the tournament as an athlete. Plaintiff's only role at the tournament was as a spectator, and thus he was not participating in the wrestling tournament as a student athlete when he was injured. Because plaintiff was not an insured person under the policy, the district court did not err in granting Mutual's motion for summary judgment.
Court Description: Civil case - Insurance. Plaintiff's son, a high school student injured while attending a wrestling tournament, was not covered under the policy issued to his school since he was not participating in the event and coverage was limited to participants.
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