Independent School District No. 561002, Okmulgee County v. United States Fidelity & Guaranty Co.

¶ 1 Marci Peoples, a middle school pupil at Henryetta Public Schools (School District), injured her leg while participating in a basketball drill during her physical education class. She and School District sued School District’s liability insurance carrier, United States Fidelity and Guaranty Company (USF & G), pursuant to the Declaratory Judgment Act (12 O.S.1991 § 1651 et seq.)when it refused to cover Miss People’s medical expenses. The trial court granted summary judgment in favor USF & G finding that it was exempt from liability pursuant to the Governmental Tort Claims Act, 51 O.S.1991 §…