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Posts Tagged "exclusions"

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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Flagler Dog Owner Responsible For ALL Damages Arising From Five Dog Attack

Posted by on May 13, 2013 in Dog Bites

Flagler Dog Owner Responsible For ALL Damages Arising From Five Dog Attack

When a dog bites someone in Florida, the dog’s owner is responsible for all of the damages the dog cause, regardless of whether they are obvious in the beginning, or not. WESH.com reported that Brandi Bookamer, a Bunnell woman who saved her child when the two of them were attacked by five dogs last week, was back in the hospital. Apparently, Ms. Bookamer’s wounds from the initial dog bites have not gotten infected, and thus have required additional treatment. In the meantime, the dogs owner has turned the dogs over to Flagler County authorities, and the dogs remain in quarantine. As a Florida dog bite attorney, Ms. Bookamer’s situation provides a couple of teaching points. First, consumers should know that dog owners are strictly liable when their dogs bite someone. The only exceptions are provocation or trespass. Second, dog owners are responsible for ALL of the damages caused by their dogs. Even if a dog’s initial bite seems somewhat minor or manageable (and I’m not suggesting that being attacked by five dogs would ever be considered minor), if those wounds get infected, or if the victim requires scar revisions or cosmetic or plastic surgery, all of those expenses (and any scarring left over) are the responsibility of the dog owner. For Ms. Bookamer’s sake, we are going to keep our fingers crossed that the owner of the five dogs that attacked her has homeowner’s insurance, and there there are no tricky insurance policy exclusions. If you have a question following a Florida dog bite, don’t hesitate to call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at...

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