August 17, 2007
MUTUAL OF OMAHA INSURANCE COMPANY,
Appeal from the
Circuit Court of
JUSTICE O’MARA FROSSARD delivered the opinion of the court:
Plaintiff Brendan Regan brought this action against defendant Mutual of Omaha Insurance
Company seeking a declaratory judgment that personal injuries he sustained while on a student
baseball trip to Florida were covered by a policy issued by defendant. Plaintiff and defendant each
filed a motion for summary judgment. The trial court entered an order granting plaintiff's motion
for summary judgment and an order denying defendant's motion for summary judgment.
Defendant now appeals those two orders. We affirm.
The pleadings, motions, and attached exhibits establish the following facts. In March
2002, plaintiff, a student at St. Ambrose University in Davenport, Iowa, and a member of the St.
Ambrose baseball team, went to Florida with the team to participate in a baseball tournament