As spring heats up and amusement parks gear up for an influx of summer visitors, a reminder to amusement park owners to make sure the amusement rides and equipment have been added to your policy.
Last Monday, the 11th Circuit Court of Appeals affirmed a District Court’s issuance of Summary Judgment for Steadfast Insurance Company that it had no duty to defend or indemnify Celebration Source Inc. from a state court suit for injuries a park visitor sustained on a ride borrowed from another company.
The policy stated that new equipment “must be added to the policy within 30 days,” and the plain language of the policy “provides unambiguously that no coverage exists for equipment not listed in the equipment schedule.”
In December, 2011, suit was filed in Florida state court for injuries to a minor, sustained while riding on a “Psycho Swing,” operated by the event planning company. Celebration Source had leased the swing from another vendor at the request of its client, however Celebration failed to add the swing to the policy or the equipment schedule list within the 30 days allowed under the policy language.
The case is Steadfast Ins. Co. v The Celebration Source Inc. et al., case number 17-11115, in the United States Court of Appeals for the Eleventh Circuit.
