Ark Encounter Settles Lawsuit Involving $1,000,000 Worth of Rain Damage August 28, 2020

Ark Encounter Settles Lawsuit Involving $1,000,000 Worth of Rain Damage

More than a year ago, in an event that broke irony meters everywhere, Ark Encounter sued its insurance providers for not covering rain damage.

(Noah thought ahead. But not Ken Ham, apparently.)

That case has now been settled. Lawyers for both sides submitted a joint notice to the court yesterday — and the actual settlement details today — letting the judge know they all want the case to be dismissed.

All of this stems from the effects of a heavy rain that began in May of 2017 and continued for several months. Ark Encounter laid out the details in its initial 13-page lawsuit.

They said the rain created a landslide that damaged a major access road to the Ark, rendering it “unsafe and unfit for use.” It cost about $1,000,000 for Ark Encounter (and its parent company Crosswater Canyon) to fix the road. Naturally, they wanted their insurers to pay for it.

But the insurers said no. According to them, their contract with Ark Encounter excluded payments for “correcting design deficiencies or faulty workmanship.” Ark Encounter said that clause didn’t apply because “land improvements” (which is how they classified the road fixes) were an exception to that rule.

The insurers paid for some of the damage that they felt they covered, but that was it. They didn’t want to pay more. Ken Ham’s group was suing for the rest.

Over the course of the past year, there were additional battles over how this case should even be handled. The insurance company, Allied World, wanted to separate the “breach-of-contract” claims from the “bad-faith claims,” basically separating the lawsuit into two separate cases and calling for the court to resolve the former before moving on to the latter, but the court rejected that request. (That alone took several months to resolve.)

To outsiders, though, the legal drama wasn’t nearly as interesting as the delicious irony of the case itself.

It’s not clear if the details of the settlement, whenever they’re finalized, will be made public. Whatever the resolution is, though, it’s clear that Ark Encounter will always be the place that couldn’t even sustain a bit of rain.

(Large portions of this article were published earlier)

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