Marks, Jr. v. Scottsdale Ins. Co.

Timothy B. Johnson, a member of the Hunt Club, unintentionally shot and injured Danny Ray Marks, Jr. Marks filed suit against Johnson and the Hunt Club. Scottsdale, the insurer of the Hunt Club under a general liability policy, denied coverage, contending that the policy does not cover the Club members for their personal recreational activities but only for liability arising from some official action of the Club or actions undertaken on behalf of the Club. The magistrate judge granted summary judgment for Scottsdale. The court concluded that the policy unambiguously covered the Club members only with respect to their vicarious liability for the activities of the Club as an entity. In this case, Scottsdale has no duty to defend or indemnify Johnson where Marks alleges only that Johnson, a member of the Club, was on land leased by the Club and regularly used by Club members when he negligently fired his gun. As Marks concedes, that is not enough to bring his claim under the policy's Endorsement’s second clause, for member activities "on [the Club's] behalf." Nor does the complaint seek to hold Johnson vicariously liable "for [the Club's] activities" so as to trigger coverage under the first clause. Accordingly, the court affirmed the judgment. View "Marks, Jr. v. Scottsdale Ins. Co." on Justia Law