Clarence Wood v. Scottsdale Indemnity Company

MEMORANDUM

Plaintiffs-Appellants Clarence Jonathan Wood and Heidi Collingwood (collectively, “Plaintiffs”) appeal the district court’s award of summary judgment in favor of Defendant Scottsdale Indemnity Company (“Scottsdale”). Plaintiffs’ lawsuit stemmed from the death of their 12-year-old daughter Kayla Wood (“Kayla”), who drowned while inner tubing with Kimberly Holz Lindstrom (“Holz Lindstrom”) and three minors on May 25, 2002. At the time that she drowned, Kayla was in the care of Holz Lindstrom, the girlfriend of Plaintiff Clarence Jonathan Wood. Holz Lindstrom’s father, Ralph Lindstrom, provided the inflatable truck inner tubes and the rope used to tie them together and drove the group to the Trinity River.

At the time of the accident, Ralph Lindstrom and his wife, Pamela Lindstrom (the “Lindstroms”) had a Personal Umbrella Liability Policy issued by Scottsdale (“Scottsdale Policy”), which provided coverage “[wjith respect to automobiles or watercraft to which this policy applies,” for individuals including “any person using an automobile or watercraft [owned by or in the care of the named insured] with the permission of the named insured and for the purpose intended by…