Patterson v. Mutual of Omaha Ins. Co., No. 12-3838 (8th Cir. 2014)
Annotate this CasePlaintiff, a student cheerleader paralyzed while practicing a tumbling maneuver in gymnastics class, sought coverage under the insurance policy that Mutual issued to Prairie View as a member of the NCAA. Mutual argued that the policy covered student cheerleaders who were injured during cheerleading practice sessions. The court concluded that the gymnastics class could be considered a "practice session" under the policy; the coach authorized, supervised, and organized the cheerleading activities during the gymnastics class; the activities performed during the class were performed in preparation for a Qualifying Intercollegiate Sport team competition where plaintiff's primary purpose in taking the class was to improve his skills as a cheerleader; and the activities during the class were directly associated with the activities of a Qualifying Intercollegiate Sport team. Accordingly, the court affirmed the district court's grant of summary judgment in favor of plaintiff.
Court Description: Civil Case -diversity. District court properly concluded insurance policy covered cheerleader's injuries, as student was injured during a practice session, the session was authorized, organized and supervised by the coach, the session took place for a Qualifying Intercollegiate Sport Team competition, and the session related directly to the activities of Qualifying Intercollegiate Sport team.
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