Listers,
I had asked Larry a few additional questions off-list, and he kindly sent
this response. He suggested I share it. Basically, my question was "what
happens if one driver sues another driver specifically (and not the track or
organizer)". Also what happens if a spectator sues a driver. Ugly,
repulsive thoughts I realize ... but I suppose we ought to know something
about this.
Sorry if I spoiled your lunch.
Regards,
Mark Palmer
>From: Larry Dent <lwdent@fwi.com>
>To: Mark Palmer <mgvrmark@hotmail.com>
>Subject: Re: Liability
>Date: Wed, 24 May 2000 10:50:28 -0500
>
>Again, don't confuse Spectator Liability coverage with any liability
>coverage for participant to participant claims.
>
>A suit against the facility by a driver or crew would likely be
>covered, since the facility is the named insured and is NOT considered
>a participant in the usual sense.
>
>However a suit by crew against driver, driver to driver would have no
>coverage since it is normally specifically dis-allowed by the policy
>wording regardless of the named insured on the deck page.
>
>The only coverage a participant has is medical, some minor disability
>and accidental death or dismemberment.
>
>If a driver were named in a suit by a SPECTATOR, there normally would be
>coverage on this type claim, but these things are not written in stone
>somewhere.
>
>There are now fully 6 or 8 companies writing this type insurance and
>coverages will vary and the only way to get a good estimate of the
>coverage is to read the master policy, and this is VERY hard to obtain.
>
>Finally, even though you may THINK the policy says one thing, if the
>company places a different meaning on the item in question, then only
>the courts can decide who is right. All the while the legal profession
>just smiles. THEY ALWAYS WIN!!!
>
>You might want to post this for all to see along with your questions. I
>have gotten a lot of positive feed back on my posting.
>
>Larry Dent
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