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Posts Tagged "intentional"

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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Coverage Defense Can Be “Slap In Face” To Child Sexual Abuse Victims

Posted by on Dec 11, 2012 in Child Sexual Abuse

I saw a recent piece on the www.insurancejournal.com website that I thought was worth mentioning on this blog because it highlights a huge roadblock that is often presented in cases involving child sexual abuse. The underlying story was about a mediation that has been scheduled in a large child sexual abuse case going on in Montana.  The case involves more than 300 plaintiffs – mostly Native Americans – who claim that Roman Catholic priests and nuns sexually abused them when they were children.  As seems to be the situation in many cases involving allegations of child sexual abuse against the Roman Catholic church, the Montana litigation includes claims that church and religious order officials covered up evidence of sexual abuse instead of reporting it. While the issues in the Montana seem very familiar to those of us that follow these stories and handle child sexual abuse cases, the Insurance Journal story included mention of an additional dispute that can sometimes provide a huge practical obstacle in child sexual molestation cases.  In the Montana case, it appears that the insurance companies for the church and religious order are claiming that they do not owe insurance coverage for the claimed acts of abuse.  In plain terms this means that even if the plaintiffs prevail, they may have to hope that the church has adequate assets, or tithing income, to satisfy their damages. The story does not mention why the insurance companies are denying coverage in the Montana case, but a frequent reason for coverage denial in these cases involves common insurance policy language that excludes coverage for damages arising out of “intentional acts.”  Obviously, molesting a child is an intentional act, however these cases usually involve allegations of negligent supervision or negligent background checking. It goes without saying that any case involving child sexual abuse is a serious matter.  However, the way that these cases are often defended makes it critical that they are handled by experienced counsel.  If you have questions involving a Florida child sexual abuse case, call Winter Park child sexual abuse attorneys Kim Cullen and Robert Hemphill at...

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