Stewart files counterclaim against insurance company

Tony Stewart

Tony Stewart's attorney countered an insurance company's claim that its policy does not cover Stewart in the wrongful death lawsuit filed by the parents of sprint car driver Kevin Ward Jr. Brian Gwitt, Stewart's New York-based attorney, filed the claim Tuesday with the U.S. District Court for the Northern District of New York. Axis Insurance Company stated in court documents in September that it should not be held responsible for damages Stewart might have to pay the Ward family.

The family filed a lawsuit Aug. 7 against Stewart, seeking unspecified damages for the death of their 20-year-old son. Axis claimed in documents that clauses in its policy with Tony Stewart Racing precluded it from paying any damages. Stewart's counterclaim states that various clauses show that Axis should be responsible for such damages.

Stewart's counterclaim states that the Liability Policy includes a segment titled "Commercial General Coverage Part" with a primary-layer coverage of $1 million "per occurrence" for claims covered under it. That, according to Stewart's counterclaim, provides coverage for, among other things, "Bodily Injury and Property Damage Liability" and "Participant Legal Liability – Motorsports."

Axis stated in its court filing that its Participant Legal Liability – Motorsports section contained the following exclusion: "This insurance does not apply to claims or actions brought by one racing vehicle driver against another racing vehicle driver."

Axis also states that its policy is limited to the events specifically listed by Tony Stewart Racing. The Empire Sprint Series event was not listed, according to Axis. Stewart's counterclaim contends that the Axis' policy "provides Axis with the right and the duty to defend any lawsuit asserting covered liabilities."(NBC Sports)