August 05, 2019
The US Court of Appeals for the Eighth Circuit ruled that the insurer of a bible conference center was not liable for injuries suffered by a child who fell from a zip line suspended 50 feet in the air. The case is Great Am. All. Ins. Co. v. Windermere Baptist Conference Ctr., Inc., No. 17-3635, 2019 U.S. App. LEXIS 22443 (8th Cir. July 29, 2019).
Windmere Baptist Conference center is a Missouri venue that hosts religious camps. Student Life, an affiliate of the Southern Baptist Convention, has hosted camps at Windmere on several occasions. Student Life rents group lodging and campers can access common spaces and recreational activities such as the swimming pool, trails, and miniature golf course. Some recreational areas are not open for campers access, such as the ropes and zipline course, called The Edge. To access those areas, campers must pay an additional fee and make separate arrangements.
Karlee Richards attended a Student Life Bible camp. The youth group she attended the camp with arranged to use The Edge one afternoon. The campers had to schedule a specific time to use the facility, pay an entrance fee, and submit a permission and release form signed by a parent. While on the course, a Windmere employee failed to reconnect Karlee's harness to the zipline tether. She fell 50 feet to the ground.
Litigation ensued concerning whether the Student Life Bible camp or the conference center held the financial responsibility for Karlee's injuries. Student Life was insured by Great American Alliance Ins. Co., which filed suit in U.S. District Court seeking a declaration that it was not liable. The District Court ruled that Windmere was covered by Student Life's policy through Great American as an additional insured, only if its liability arose out of the ownership, maintenance or use of that portion of the premises leased to the camp. The panel ruled that the accident only arose out of the use of the leased premises in that if she had not been attending the Bible camp, she would not have used the zip line course. The court stated that nothing about the use of those areas caused the accident or made it more likely to occur and that the connection was only a "temporal and/or spatial one" not originating from the use of the leased premises. The court ordered summary judgment in favor of Great American.
Editors Note: The crucial question here is whether Kailee's zipline accident arose out of the use of the premises that Windermere leased to Student Life. The Edge was a separate part of the premises that was under the supervision and control of Windermere and its employees. The campers did not have access to The Edge without being granted specific permissions and paying an additional fee. Although this fee was paid and those permissions were granted, Student Life was not leasing that area. The court ruled in favor of Student Life's insurer.
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