A Washington state appeals court ruled Monday that the Bremerton School District’s insurer, Schools Insurance Association of Washington (SIAW), is not responsible for covering a nearly $1.8 million legal fee settlement paid to former high school football coach Joseph Kennedy, who was suspended for praying on the 50-yard line after games. The court determined that the settlement was excluded under the district’s insurance policy due to provisions regarding fees from adverse judgments.
$1.8M Praying Coach Settlement : Court’s Ruling on Exclusion Clause
A three-judge panel affirmed the trial court’s decision, holding that the exclusion in the insurance policy clearly applied. The exclusion precluded coverage for “any fees, costs, or expenses” that result from a declaratory or injunctive relief ruling. Since Kennedy prevailed in such an action and was awarded legal fees, the panel ruled that SIAW was not obligated to cover those costs.
“The exclusion plainly excludes from coverage ‘any fees’ resulting from an adverse action for declaratory or injunctive relief,” the court stated. The judges noted that Kennedy’s legal fees were awarded as a result of his successful claims for injunctive and declaratory relief.
$1.8M Praying Coach Settlement : Background of the Case
Kennedy, a former football coach at Bremerton High School, sued the district in August 2016, alleging that it violated his First Amendment rights by suspending him for praying on the field. The district had declined to renew his contract, citing concerns about violating the Establishment Clause of the Constitution, which prohibits government endorsement of religion.
