Volk v. Ace American Ins. Co.

Plaintiff, through his guardian, sought to recover from an insurance policy of ACE. Plaintiff is developmentally disabled and requires a personal care assistant. Plaintiff, while supervised by an assistant, was blinded in one eye by a BB gun given to him by the assistant. On appeal, plaintiff challenged the district court's grant of summary judgment to ACE, finding that plaintiff's claim was excluded from the policy's general-liability coverage. Plaintiff argued that his injury was within the general-liability coverage because he was not a "patient" within the meaning of the patient exclusion in the policy. The court affirmed the judgment of the district court, concluding that the district court correctly found that the term "patient" was unambiguous. View "Volk v. Ace American Ins. Co." on Justia Law