By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.
It has been reported that there was a automobile insurance policy in place for the van. This automobile insurance policy should provide coverage for the wrongful death. Like the liability insurance policy, the automobile insurance policy should be reviewed to determine the amount of coverage and other terms of the policy.
Liability insurance policies typically cover incidents that take place at the day care facility and during times of supervision outside of the facility. It is common to see exclusions for vehicle related incidents. Since the incident involving the van did not involve an automobile accident, there may be some ambiguity in the liability insurance policy as to coverage. This may be the reason that Colony is seeking a Court order on this matter.
You can read more about this story at Insurer (Colony Insurance) Files Lawsuit That Claims Van Is Not Covered Under the Insurance Policy.