A Wisconsin appeals court has ruled on a Calumet County case involving a child’s death.
WBAY reports that National Casualty, an insurance company, has no duty to defend the Gravity Park Racetrack in Chilton against the claims filed by the parents of Finley Baier, who died in July 2020 from being hit by an ATV.
Baier’s parents filed a lawsuit against the ATV’s driver, Jacob Hemauer.
Hemauer then filed a third-party complaint against Gravity Park, alleging negligence contributed to Finley’s death.
National Casualty then stepped in, asking a judge to rule that they don’t have to defend the racetrack.
The insurance company argued Baier’s death didn’t take place during an approved event, and therefore, the claims aren’t covered under insurance.
The Third District Appellate Court agreed, saying that since any activity, like a race or activity, was not taking place on the day of Baier’s accident, the insurance policy does not provide coverage, and National Casualty does not have to defend Gravity Park against the claims.
The current circuit court case is sealed according to online court records.
