Fellowship of Christian Athletes v. Ironshore Specialty Ins., No. 13-2776 (8th Cir. 2014)Annotate this Case
After two boys drowned at a pool party sponsored by the FCA, the boys' survivors filed suit against the FCA in state court, alleging negligence and loss of consortium. The FCA then filed this declaratory judgment and breach of contract action against its insurers in federal district court seeking a "judicial determination as to whether Iowa Claims constitute one or two occurrences" under its commercial general liability insurance policy. The court affirmed the district court's grant of summary judgment in favor of the primary insurer, holding that there existed only one occurrence.
Court Description: Civil case - Insurance. The district court did not err in determining that the near simultaneous drowning of two boys under plaintiff's care stemmed from the same acts of negligence and was a single occurrence for purposes of the commercial general liability policy in question.