A Tokyo Marine Group insurer is not liable to defend or injure a dance and performance company for an accident with a trampoline during a political exclusion, a federal district court said Wednesday.
Shana Guins was seriously injured in 2018 while attending aerobatics class at Streb Inc. in Brooklyn, according to the decision of the US District Court in New York in Philadelphia Indemnity Insurance Co. v. Streb Inc.
She attempted a "dive roll" or a "front roll" from a "mini trampoline" as she tumbled forward and landed on her neck and back, causing serious injuries. She brought an action against Streb in the state court, where disputes are ongoing, according to the statement.
Streb sought coverage from its insurance company, Bala Cynwyd, Pennsylvania-based Philadelphia Indemnity, from which it had purchased a commercial general liability policy and a follow-up umbrella policy form, the decision said.
The CGL policy had a limit of $ 1
The insurer refused coverage and brought an action before the district court, requesting a declaration that it was not obliged to defend or harm Streb. equipment including, but not limited to the use of a trapeze or trampoline, "the decision states.
Streb argued that the exclusion did not apply because the term" flight equipment "modifies" trampoline "and" a mini-tramp is not considered flight equipment in the field of gymnastics.
The Court did not agree. "With its interpretive gymnastics, the defendant seeks to produce a carving for mini-pedals, which the defendant claims are not 'flight equipment' even though they are 'trampolines,'" the decision said.
"Accepting the defendant's distorted reading throws out the clear language of the contract . The exclusion is not ambiguous, and the defendant does not suggest otherwise, "it said, deciding in favor of the insurer.
Lawyers in the case could not be reached for comment.