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Posts Tagged "battery"

In The Bar, Nightclub, or Event Business? Think You Have Liability Insurance Coverage?

Posted by on Nov 4, 2013 in Negligent Security

In The Bar, Nightclub, or Event Business?  Think You Have Liability Insurance Coverage?

If you are involved in the bar, restaurant, nightclub or event business, you might want to sit down before you read this blog post. We frequently get involved in cases working for people who have been injured in bars, or nightclubs, or at special events.  The injuries arise from a variety of situations ranging from falls, incidents with glasses or bottles, fights between patrons, fights with bouncers, shootings, and injuries caused by drunk drivers. Unfortunately, these kinds of things sometimes happen when alcohol is involved, and most (but definitely not all) bar or nightclub owners or event producers do the responsible thing and go out and secure commercial liability insurance.  Most bar or club owners assume that commercial liability coverage is standard from one industry to the next, and also assume that their agent will assist in securing them insurance that will cover most anything bad that might happen in connection with their business. It is usually not until shortly after reporting a claim that many bar and club owners realize that many — and maybe most — modern bar, nightclub, or special event commercial liability insurance policies are chock full of exceptions and exclusions.  For example, many companies attempt to exclude coverage to bars and nightclubs for incidents arising out of alcohol use.  How many incidents that happen in a bar that lead to a personal injury claim do you think do not arise out of alcohol use?  Business owners are often shocked to learn that they have been paying for insurance that is essentially worth nothing to them.  Likewise, many nightclub operators are stunned to realize that their assets are now at risk from a negligence lawsuit because insurance won’t cover a claim. Savvy business owners will stay involved in the insurance procurement process.  They will ask lots of questions — particularly about coverage exclusions.  A wise bar or club owner would probably insist that alcohol-related incidents, and assaults and battery claims be covered — since these are the most frequent claims that we see in our offices as personal injury lawyers.  Nobody injured by negligence in a restaurant, bar, nightclub, or at a special event, wants the business owner to be harmed, but they do expect to be compensated for their damages. If you have any questions regarding liability insurance coverage for a bar, nightclub, or restaurant, or if you have been injured in one, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Chaos Surrounding Insurance Coverage For Assaults, Batteries, and Liquor Liability For Florida Bars

Posted by on Apr 8, 2013 in Negligent Security

Chaos Surrounding Insurance Coverage For Assaults, Batteries, and Liquor Liability For Florida Bars

If you were innocently assaulted, stabbed, or even shot at a Florida nightclub, bar, or restaurant, would you expect that the owner of the business would have insurance to help you pay your medical bills or damages? You might be surprised to learn that many – if not most – restaurants, bars, and nightclubs in Florida, do not carry proper insurance to response to such negligent security claims.  And many of these businesses do not even know it. Many commercial general liability insurance policies contain exclusions that negate insurance coverage for losses related to assaults, batteries, or any liabilities related to alcohol consumption in any way.  These exclusions have been interpreted very broadly by courts so as to give insurance companies a lot of protection, but they leave businesses sometimes helplessly directly exposed to injury or wrongful death claims. Insurance agents rarely bring these exclusions to the attention of their commercial insurance clients, and many agents and insurance companies will not offer or include alcohol liability or assault and battery coverage for a business unless it is specifically requested. To make matters more confusing, there is little uniformity in these types of coverage, so the business owner rarely knows exactly what he is purchasing, even when he specifically asks for it. For example, some liquor liability policies feature declining limits provisions that reduce the available insurance limits by the amount of attorneys’ fees incurred in the defending the claim. In a case involving sustained litigation, a bar owner might find there is little or no insurance money left at the end of the case to compensate the injury victim. Another potentially problematic area concerns coverage for off-premises activities. For example, if a restaurant or bar participates in a festival or “Taste Of…” event off of its normal premises, liquor liability coverage might not apply. If you are injured in a fight or similar event, or injured as a result of the service or providing of alcohol at a bar or restaurant, securing a copy of the business’ insurance policy will be critical to understanding your options.  At the same time, if you are business owner that faces a claim arising our of alcohol consumption or an assault or battery, and your insurance company is trying to avoid covering you, you may want to consult with an attorney to find out what rights you may have. If you have questions regarding a potential claim against a Florida restaurant, bar, or nightclub, call Winter Park personal injury attorneys Kim Cullen or Robert Hemphill at...

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