Timothy Johnson went hunting on land leased by the Northumberland Hunt Club, an unincorporated business association operating
Question:
Timothy Johnson went hunting on land leased by the Northumberland Hunt Club, an unincorporated business association operating in Richmond, Virginia. Johnson was a member of the Hunt Club and was hunting with other members of the Club. Johnson shot at a deer, but one of the pellets from Johnson’s shotgun struck Danny Marks in the head while he was driving his truck on an adjoining road. Marks subsequently sued Johnson and the Hunt Club, alleging that their negligence was the proximate cause of his injuries. Marks and Johnson also sought a declaratory judgment that the Hunt Club’s commercial insurance policy issued by Scottsdale Insurance Company provided coverage for Johnson’s actions and Marks’ injury. Scottsdale opposed coverage and argued that the shooting did not occur during a Hunt Club activity nor was performed on behalf of the Club as required for coverage under the policy. Was Johnson participating in a Hunt Club activity at the time of the shooting such as to trigger the Club’s insurance policy? Was Johnson acting on behalf of the Hunt Club at the time of the shooting?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs