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Boy injured during rowdy YMCA basketball game cannot recover from insurer of boy who assaulted him

Two  13-year olds were involved in a YMCA basketball game in Grand Rapids, when the game got out of control.  According to Matt Volk, his opponent Nicolas Andrzejewski was unduly rough and "dirty."  Nick claimed that Matt shoved him in the back, and in response, Nick struck Matt or knocked him down.  Matt suffered a very serious head injury and began seizuring  immediately.  His parents ultimately filed a lawsuit against Nick and his parents to recover for his expenses and losses.

The family had purchased homeowner coverage through AAA, which theoretically provided individual liability coverage.  AAA refused to pay for Matt's injuries, however, citing the exlusion in the coverage for criminal or intentional acts of an insured.  The Court upheld AAA's exclusion.  Even though Nick was too young to be charged with a crime as a result of his behavior, it was "in the nature of a criminal act" and therefore the liability coverage did not protect the family.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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