UTICA, N.Y. – A federal judge ruled Friday that the insurance carrier for NASCAR driver Tony Stewart does not have to defend or indemnify him in a lawsuit brought by the family of a driver who died after being struck by Stewart's car during a race.
U.S. District Court Judge David Hurd ruled that Axis Insurance Co.'s policy with Stewart "unambiguously limited" the insurer's liability to specific races.
The family of Kevin Ward Jr. is suing Stewart, claiming that he acted recklessly when he struck and killed the young driver in an open-wheel race at Canandaigua Motorsports Park in August 2014.
Ward had exited his vehicle after a car-on-car bump with Stewart had sent Ward spinning into the wall lining the dirt track in upstate New York. Ward appeared to be yelling in the direction of Stewart's car when he was struck and killed.
An Ontario County grand jury cleared Stewart of any criminal wrongdoing.