ESPN reports that Stewart will appeal the ruling that the fatal incident that occurred in August 2014 at Canandaigua (N.Y.) Motorsports Park is not covered under his team’s insurance policy with Axis Insurance Co.
Driver Kevin Ward Jr. died after leaving his car on the dirt track during a race, and subsequently being hit by Stewart’s car.
Although Stewart didn’t face criminal charges after a lengthy investigation into the incident, Ward’s family filed a civil lawsuit last year seeking unspecified damages. No trial date has been set.
U.S. District Court Judge David Hurd of the Northern District of New York ruled last month that Axis is not responsible for any liability in the incident, because Stewart’s policy did not specify coverage for Empire Super Sprints events. That leaves Stewart liable for any legal fees associated with the civil lawsuit, as well as any potential damages or a settlement.
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Stewart, a three-time NASCAR Sprint Cup Series champion, is retiring from NASCAR at the end of the season.
