The nonprofit group behind the PGA Tour's Greenbrier Classic is seeking dismissal of a lawsuit filed in federal court last month over cash prizes handed out during the tournament.
Last week, Old White Charities filed a third-party complaint noting the PGA controls the distance and location of golf pins. Old White says it was not responsible if the distances of the pins were not the distance agreed upon with insurance underwriters.
In their initial lawsuit, insurance underwriters claimed they agreed to have golfers try to make a hole-in-one from a distance of at least 170 yards during July's Greenbrier Classic.
The complaint alleged that two golfers, George McNeill and Justin Thomas, made two holes-in-one from a distance of 137 yards on the 18th hole.
Before the tournament, Jim Justice, owner of The Greenbrier resort, promoted a jackpot where he promised to pay fans seated in the grandstand on a designated hole $100 for the first hole-in-one made during the tournament. For each subsequent hole-in-one, the jackpot increased.
The holes-in-one by McNeill and Thomas resulted in Justice paying $192,000 to fans.
Old White Charities' insurance policy stated that it would pay $150,000 for one hole-in-one, $750,000 for a second and $1.4 million for a third, according to court documents.
Following the conclusion of the tournament, the charity made a claim for $900,000 for the two holes-in-one, which the underwriters declined to pay due to the allegedly too-short distance.
In their motion to dismiss the lawsuit, Old White Charities say the claims asserted by the plaintiffs claims did not lineup with evidence submitted by the nonprofit.
The charity submitted several exhibits, including a July letter from an attorney with an insurance company to a claims specialist at an underwriting insurance company.
"The insured's application clearly and unequivocally stated that "The pins (as always in a PGA Tour event) will be set in a new location each morning of The Greenbrier Classic by the PGA Tour," wrote Melvin Tull, an attorney for Bankers Insurance. "We demand that you promptly rescind HCC's reservation of rights letter and honor this claim ... If HCC does not promptly honor this claim, we and the insured intend to protect the insured's interests by all means available, including notifying state insurance regulators and pursuing litigation if necessary."
In addition to their response to the motion to dismiss, attorneys for Old White Charities are seeking relief, which includes for the plaintiffs, compensatory damages, punitive damages, attorneys fees and court costs. They are also requesting a jury trial.
A scheduling conference with U.S. District Judge Irene Berger has been set for Dec. 2 in Beckley.
Reach Joel Ebert at 304-348-4843, joel.ebert@dailymailwv.com, or follow @joelebert29 on Twitter.