American Fidelity Insurance v. Employers Mutual Casualty Co.

Foth, C.J.:

This is a declaratory judgment action to determine the respective coverages and duties to defend of two insurance companies.

Plaintiffs Vernon Bender and John Schneider are football coaches employed by Unified School District 208 of Trego County. In 1976 the two coaches and the school district were sued by defendant Carl Olson, a student athlete, for personal injuries allegedly caused by the negligence of the coaches. The coaches were each covered by a teacher’s professional liability policy issued by the plaintiff American Fidelity Insurance Company. The school district had in…