2 suits filed in 2021 ATV crash

An insurance company filed suit Nov. 13 against both a man driving an ATV that crashed July 4, 2021 and a passenger injured in the crash.

In the wreck, Marion resident Russell S. Hake lost control of a 2020 Polaris RZR while turning from Coble St. to Kellison St. The Polaris overturned into a ditch.

Passenger Todd Winter, pinned by the Polaris, was placed in intensive care at Wesley Medical Center in Wichita.

Alliance Indemnity Co. seeks to avoid being ordered to pay damages in a June lawsuit Winter filed against Hake.

Hake had both automobile and homeowner’s insurance through the company when the accident happened, but the company claims that neither policy had provisions to cover such an accident.

Alliance says Hake’s homeowner’s policy excluded motor vehicle liability and his auto policy didn’t provide coverage for vehicles designed for off-road use.

Alliance seeks a judge’s interpretation of the terms of the policies and a summary judgment exempting the insurance company from having to pay anything for Winter’s injuries.