Arnold, et al. v. Mediport, LLC, et al., Case No. 2022-CA-0078-MR. Mr. Arnold experienced cardiac arrest at an extreme foot race event held at the Kentucky Horse Park. His wife filed a wrongful death action against Mediport, LLC, the entity retained by event organizers to provide first aid and EMT services to participants. Mrs. Arnold further sought a declaration that the auto liability policy issued by Westfield Insurance Company to Mediport provided coverage for the wrongful death claim. She argued that the Mediport vans were not equipped with necessary medical equipment and that the medical technician was unable to open the rear door of the van to access a backboard, resulting in a delay in Mr. Arnold’s treatment. She claimed these issues concerned “use, operation, or maintenance” of the vehicle, which brought it within the policy’s insuring provision. On Behalf of Westfield, Elizabeth Bass and Zach Epperson argued that the Westfield policy did not provide coverage because the claims did not arise out of the ownership, maintenance, or use of a covered automobile. The Scott Circuit Court agreed and entered summary judgment in favor of Westfield. The ruling survived a motion to alter, amend or vacate, and was affirmed by the Kentucky Court of Appeals.
