Zerba v. Ideal Mutual Insurance

This is an action for a declaration of insurance coverage and damages for fraud and negligence. Plaintiff appeals a summary judgment granted in favor of certain defendants. We reverse and remand.

Ideal sold a Scholastic Extra-Curricular Liability/ Lifetime Medical Policy (the Ideal policy) to sponsors of school events through Ruedlinger and OSAA. There were two forms of coverage available under the Ideal policy. “Athletic coverage” provided payment for catastrophic injuries sustained in events under the jurisdiction of OSAA. “Optional extended coverage” provided reimbursement for catastrophic…