I would think the State law regarding the age of being able to form intent in criminal cases could be used as a parallel, to show what the State has determined to be reasonable. Also, maybe the “contract of adhesion” should be mentioned – does the company offer an endorsement to cover liability of all acts of children under age, say, 10 ? probably not, so this section of the policy could be said to be written unreasonably and unfairly, to allow the ins co to deny claims such as this. I work in commercial lines, but I thought that there was a child exception on HO Liability at one time – maybe it was removed on one of the revisions for just this reason ?
Jeesshhh Ernie, the Hocky Camp? Wake up and smell the responsibility. Caleb was teasing for three days – Caleb was responsible for that! Daniel swung the stick and hit Caleb in the head – Daniel was responsible for that! Did Caleb deserve what he got? Yes, but that does not make the Hockey Camp responsible. This was a Hockey Camp, not a BABYSITTING SERVICE.
Safeco will go down on this. 8 is NOT old enough to be held responsible in Utah. For those of you thinking mom and dad will get rich, consider: the average HO policy is $100k (his meds are likely that high), and any settlement will be court-approved and go to the kid, except for medical expenses the parents would need to pay. Mom and dad aren’t getting rich and neither is Caleb.
Releases in advance of an activity are upheld routinely in Utah (see the back of your lift ticket next time you visit), so I can see why the hockey camp wasn’t thrown in. Those camps are expensive enough as it is (usually 300-500 for 3-5 days of camp.
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I would think the State law regarding the age of being able to form intent in criminal cases could be used as a parallel, to show what the State has determined to be reasonable. Also, maybe the “contract of adhesion” should be mentioned – does the company offer an endorsement to cover liability of all acts of children under age, say, 10 ? probably not, so this section of the policy could be said to be written unreasonably and unfairly, to allow the ins co to deny claims such as this. I work in commercial lines, but I thought that there was a child exception on HO Liability at one time – maybe it was removed on one of the revisions for just this reason ?
Jeesshhh Ernie, the Hocky Camp? Wake up and smell the responsibility. Caleb was teasing for three days – Caleb was responsible for that! Daniel swung the stick and hit Caleb in the head – Daniel was responsible for that! Did Caleb deserve what he got? Yes, but that does not make the Hockey Camp responsible. This was a Hockey Camp, not a BABYSITTING SERVICE.
Safeco will go down on this. 8 is NOT old enough to be held responsible in Utah. For those of you thinking mom and dad will get rich, consider: the average HO policy is $100k (his meds are likely that high), and any settlement will be court-approved and go to the kid, except for medical expenses the parents would need to pay. Mom and dad aren’t getting rich and neither is Caleb.
Releases in advance of an activity are upheld routinely in Utah (see the back of your lift ticket next time you visit), so I can see why the hockey camp wasn’t thrown in. Those camps are expensive enough as it is (usually 300-500 for 3-5 days of camp.