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No Coverage for Tony Stewart in Ward Race Car Death: Axis Insurance Michael Wagner Palm Beach Gardens Executive

No Coverage for Tony Stewart in Ward Race Car Death: Axis Insurance

By Andrew G. Simpson | September 25, 2015

Axis Insurance says the lawsuit brought against racing star Tony Stewart, whose car struck and killed another racer during a New York event in 2014, is not covered by the insurance policies it issued for Stewart.

Axis maintains that its combined liability insurance policies do not cover claims of one race car driver versus another, the specific race in New York where the accident occurred, or the race car Stewart was driving.

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Axis filed for a declaratory judgment last Friday in the case brought against Stewart by the parents of the deceased driver, Kevin Ward Jr.  The insurer says it should not have to defend or indemnify Stewart in the Ward case.

The 20-year-old Ward was hit and killed by Stewart after leaving his vehicle and walking onto the course during a racing event in upstate New York on Aug. 9, 2014.

Axis issued three policies to Stewart:  primary commercial general liability (with $1 million each occurrence and $2 million aggregate limits), commercial excess liability ($4 million) and an auto policy ($1 million).

The primary CGL contains an endorsement for participant legal liability for motorsports that contains this exclusion:

This insurance does not apply to claims or actions brought by one racing vehicle driver against another racing vehicle driver. However in the event of such a claim or action, coverage remains in effect for the First Named Insured and any other applicable insureds; however, coverage is specifically excluded for the racing vehicle driver who is the object of such claim or action.

The CGL policy also limits coverage to specified events: World of Outlaws (65 events), USAC Sprint (30 events) and USAC Silver Crown (10 events).

The August race where Ward was killed was an Empire Super Sprints event at Canandaigua Motorsports Park. Axis says Empire Super Sprints are not among specified covered events.

Axis also claims that its $4 million excess policy for Stewart follows the provisions, exclusions and limitation of the primary coverage and is thus also not triggered in this case.

Finally, Axis argues, the $1 million auto policy for Tony Stewart Racing does not apply because the “super sprint vehicle” allegedly driven by Stewart during the event does not qualify as an auto under the policy and because this policy contains an exclusion for racing. Super sprints are a particular type of high-powered racing vehicle.

The suit by the Ward family alleges four causes of action: wrongful death, terror pain and suffering prior to death, intentional/reckless conduct and gross negligence. It seeks unspecified damages.

The Wards contend that Stewart could have “easily acted reasonably and with prudence” to avoid striking their son as 19 other drivers did while the race was under yellow caution flags.

If there is a crash or disabled car during a race, officials put the race in a state of caution using announcements and yellow flags. When a race is under caution, drivers must slow down and move away from any hazard.

The Wards’ complaint says Stewart is a successful professional racer and alleges he is also known for his “temper and outbursts” on and off the track.

Michael Wagner Vero Beach Florida

Michael Wagner Vero Beach Florida

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Michael Wagner Vero Beach Florida Chief Marketing Executive

Michael Wagner Vero Beach Florida Chief Marketing Officer Financial Services Industry

Trends Shaping Financial Services This Year and Beyond

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What’s ahead for the financial services industry is always a source of speculation. Will regulatory compliance pressures ease? How will global economic and political issues affect the sector?

Absent a crystal ball, most of these questions cannot yet be answered. On the other hand, certain trends seem likely to gain further momentum.

Following are five trends shaping the outlook for thefinancial services industry this year and beyond.

1. An ongoing focus on regulatory compliance

Accounting and finance leaders don’t anticipate compliance demands easing anytime soon. Almost all (98 percent) of the U.S. financial executives surveyed for Benchmarking the Accounting & Finance Function from Robert Half and Financial Executives Research Foundation believe their regulatory compliance burden will either increase or, at a minimum, stay the same in the near future.

Aggressive enforcement actions pertaining to anti-money laundering (AML) regulations, enhanced capital requirements and other regulatory pressures have led financial institutions to increase their hiring of risk,compliance and internal audit professionals. Another way some financial institutions are responding to heightened regulatory scrutiny is by taking steps to reduce their risk profiles, which may involve shedding certain products or services that introduce added risks without sufficient payoff.

2. Increased lending

With the healthier economy and job market, banks are expanding lending across the board. Bright spots include commercial real estate lending, as well as an expansion of consumer credit.

The mortgage market also remains strong, spurred by both new loan origination and refinancing activity. In addition, continued low interest rates and the likely easing of underwriting standards may further fuel mortgage lending and refinancing to consumers at all income levels.

3. Disruptive technologies

The financial services industry continues to face disruptions to traditional ways of doing business. The growth in smartphones and other mobile platforms has made banking on the go commonplace.

In addition, the emergence of mobile payment solutions and digital wallet services are reducing reliance on traditional currency and credit cards, as well as introducing new competition in payment and lending services. Companies that move quickly to capitalize on the market opportunities presented by new technological tools are more likely to survive and prosper in this rapidly changing environment.

4. Information security concerns

Mobile technologies, cloud computing and other emerging tools offer innovative new ways to do business and improve the customer experience. Yet, they also present additional challenges for protecting sensitive data. Financial services firms, which are especially vulnerable to information security threats, must find better ways to effectively manage these risks.

5. Hiring challenges

As the needs of financial services firms have evolved, hiring professionals with the requisite skills has become increasingly challenging. Like their counterparts in other industries, financial services CFOs continue to experience recruiting difficulties.

To address talent shortages and access in-demand skills, banks and other financial institutions are commonly working with consultants and project professionals who can provide specialized subject matter expertise and support key business initiatives. Organizations also are finding they must offer improvedcompensation packages to attract and retain top performers.

These are just some of the factors likely to impact the financial services sector this year. What are the predominant trends you’re seeing?

Photo creditThe Wall Street Bull, by herval

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