Eckard v. World Ins. Co., Omaha, Neb., 49704
| Decision Date | 05 May 1959 |
| Docket Number | No. 49704,49704 |
| Citation | 96 N.W.2d 454,250 Iowa 782 |
| Parties | Melvin ECKARD, Adm. of the Estate of Jerry Eckard, deceased, and Keith Eckard, a Minor, by his next friend, Melvin Eckard, Plaintiff-Appellant, v. WORLD INSURANCE COMPANY, OMAHA, NEBRASKA, Defendant-Appellee. |
| Court | Iowa Supreme Court |
George R. Ludeman, Mason City, for appellants.
Westfall, Laird & Burington, Mason City, for appellee.
The Hanlontown Consolidated School had an Individual School Accident Insurance Policy, issued by the World Insurance Company of Omaha, Nebraska, under which students at the school were covered to the extent and under the conditions therein set forth. This action is to recover on the policy for the death of one student and for injuries to another. The actions were consolidated under Rule 23, R.C.P., 58 I.C.A. The trial court, at the close of plaintiffs' evidence, held as a matter of law there was no coverage under the terms of the policy and directed a verdict for the defendant. Plaintiffs have appealed and the sole issue presented goes to the correctness of this ruling of the trial court.
The contract or policy of insurance, so far as material here, provides:
'Coverage: The benefits herein provided are payable for injuries or loss of life as a result of accidental bodily injuries received by Insured during a regular term of school:
'(2) directly to or from extra-curricular, non-social activities (other than as a spectator) sponsored and supervised by the Policyholder.'
It is conceded that the policy was in force at the time in question and that the two students were covered therein to the extent of its terms and conditions.
The record shows that Jerry Eckard and Keith Eckard were members of the Hanlontown school's basketball squad. In March of 1957, while returning home from attending the Iowa State Basketball Tournament in Des Moines, Iowa, they were in an automobile accident as a result of which Jerry died and Keith was injured. It further appears, from the testimony of the Superintendent of the Hanlontown school, that for some years it had been the policy of the school to send the basketball team to the state tournament. The school arranged for transportation and tickets to the tournament and the trip was under the supervision of the Coach. The Coach, as a witness, testified that the school's basketball schedule includes the state tournament and at the start of the season the members of the squad were told that the first twelve players would be taken to the tournament. He further testified, 'They go, whether they are in the tournament or not, as a reward for the boys, and also to derive some benefit out of watching the better teams in the state play, possibly to increase their desire to reach the finals in the state tournament series; to increase their interest in athletics in their own school, to increase their desire to come out for basketball.' It further appears that during, and after the games, matters of basketball technique were discussed by the coach and the members of the team attending.
I. Both parties contend that the policy of insurance is clear and unambiguous and state that its construction and interpretation is for the Court, yet each places an entirely different interpretation thereon.
Appellants contend that the policy requires the traveling to be sponsored and not the activity of the tournament itself. That the group went, not as mere spectators alone, but as part of a school program.
Appellee asserts the policy requires that the state tournament be (1) a non-social event, (2) it must be sponsored and supervised by the Hanlontown school and (3) plaintiffs must have attended as participants and not as spectators.
In 53 Am.Jur., Trial, section 250, it is said, 88 C.J.S. Trial § 217 states the rule as follows: 'The interpretation of a written instrument is for the court, but when its meaning is uncertain or ambiguous, the question of its meaning should be left to the jury under proper instructions.' See, also, Rice v. Sioux City Memorial Park Cemetery, 245 Iowa 147, 60 N.W.2d 110; Service Life Ins. Co. of Omaha, Neb., v. McCullough, 234 Iowa 817, 13 N.W.2d 440, 153 A.L.R. 697; Hiatt v. Travelers Ins. Co., 197 Iowa 153, 197...
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