Photo Credit: Noel Lanier
In the continuing actions of papers being filed for the wrongful death lawsuit filed by the parent of Kevin Ward Jr. against Tony Stewart, the insurance company that covers Stewart’s Sprint Car team says that the insurance policy does not cover the lawsuit.
Axis Insurance Company filed the complaint for declaratory judgment on Friday, asking for the court to rule that they were not responsible to cover Stewart. They stated that their policy covers neither the race Stewart ran, or claims brought by one driver against another. They stated that their $4 million of coverage for Tony Stewart Racing is “specifically for 65 World of Outlaws events, 30 USAC Sprint events and 10 USAC Silver Crown events”, but not any events as part of the Empire Super Sprints. Additionally, there’s an exclusion clause that states “this insurance does not apply to claims or actions brought by one racing vehicle driver against another racing vehicle driver” and that “coverage is specifically excluded for the racing vehicle driver who is the object of such claim or action.”
Stewart’s attorney had no comment on the filing, per ESPN.
During a Empire Super Sprint event on August 9, 2014 at Canandaigua (N.Y.) Motorsports Park, Ward Jr. was spun out by Stewart. He then got out of his car to display his displeasure, when Stewart’s car would make contact with Ward, sending him sliding across the track. Ward Jr. would be transported to hospital, where he was pronounced dead upon arrival. Tony Stewart took a couple weeks off, but returned behind the wheel at Atlanta Motor Speedway.
Originally filing the lawsuit on August 7, the parents are seeking unspecified damages related to their son’s suffering, death and their own loss of economic support and services from their son. Kevin and Pamela Ward claim that Stewart was “reckless and grossly negligent” in their 20-year-old’s son death.
Stewart’s response stated that Ward Jr. was responsible for his own death, having attempted to make contact with Stewart’s car on-foot before the contact. Stewart’s legal team also cited Ward Jr.’s usage of marijuana within five hour of the race per the toxicology report, in which the parents are disputing that claim. The legal team hasn’t filed a response to the insurance company’s request, only asking for the lawsuit to be dismissed based on the waivers signed pre-race.
