NASCAR

Tony Stewart to appeal insurance ruling in Kevin Ward Jr. case

Jeff Gluck
USA TODAY Sports
Tony Stewart

BROOKLYN, Mich. -- Attorneys for Tony Stewart have filed notice they plan to appeal a ruling in the driver's dispute with an insurance company.

A U.S. District Court in Utica, N.Y., ruled against Stewart on July 29, deciding Axis Insurance Co. was not responsible for any claims which might stem from the pending wrongful death civil suit brought against Stewart by the family of Kevin Ward Jr.

On Friday, Stewart's attorneys filed notice they plan to appeal the judgment in the U.S Court of Appeals' Second Circuit. The news was first reported by ESPN.com.

Kevin Ward Jr. family files wrongful death suit against Tony Stewart

In its case, Axis argued it was not responsible for Stewart's incident with Ward. A judge agreed with the company's argument that while Stewart's policy covered World of Outlaws events and USAC events, it did not cover Empire Super Sprints races like the one Stewart and Ward were participating in at Canandaigua Motorsports Park the night of Aug. 9, 2014.

Stewart struck and killed Ward, 20, after the driver exited his car and walked down the track toward Stewart's car during a caution period. A grand jury did not indict Stewart on criminal charges. Ward was found to have smoked marijuana within five hours of the race, according to toxicology reports.

The three-time NASCAR champion has said it was an accident.

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