NASCAR: Stewart to appeal insurance ruling in Ward suit

Tony Stewart is appealing a July ruling by a U.S. District Court judge that absolved his insurance company from having to defend or indemnify him in the civil suit brought by the family of sprint car driver Kevin Ward Jr.

ESPN reports Stewart's legal team filed a notice of appeal Friday to the U.S. Court of Appeals for the Second Circuit.

U.S. District Court Judge David Hurd ruled in July that specific language in Stewart's policy limited it to 105 races – 65 World of Outlaws, 30 USA Sprint and 10 USAC Silver Crown races – and did not include the event in which Ward was killed.

Ward was killed when he got out of his sprint car in an Aug. 2014 race at Canandaigua Motorsports Park and was struck by Stewart. An Ontario County grand jury cleared Stewart of criminal wrongdoing.

Axis filed for a declaratory judgment in August 2015 in the civil case filed by Ward's family, maintaining it should not have to defend or indemnify Stewart in the case. Axis issued three separate insurance policies to Tony Stewart Racing Enterprises – a primary commercial general liability (CGL), business auto and a commercial excess liability policy. As part of the CGL policy, according to the ruling, wording in the policy stated that "Coverage provided by this policy applies only to the event(s) listed in the above Schedule, and only for the specific date(s) or said event(s)." There was also language that stated that the insurance does not apply to claims or actions brought by one racing vehicle driver against another driver.

Hurd ruled that "Because it is undisputed that the ESS Event where Stewart struck Ward was not one of the 105 events listed in this endorsement, the CGL Policy's bodily injury/property damage coverage is inapplicable."