A Bouncer Tossed Me From a Speakeasy

At the downtown speakeasy, there's jazz in the air and the moonshine is reasonably priced. Maybe too reasonably priced, because a few of the speakeasy's patrons are getting belligerent. Soon half the bar is fighting, and the bouncer flips his assailant to the ground.   Notable Timestamps [ 00:34 ] - When the bouncer flips the assailant, he is on his way to defend a waiter and trying to defend himself. [ 01:30 ] - The crew discusses hidden speakeasies... [ 04:00 ] - The legal backdrop is that the injured patron is arguing that the speakeasy's insurer has more money to settle the claim-- the general $1M limit, not the smaller endorsement's limit of $25K. [ 05:00 ] - The endorsement for Assault & Battery covers damages paid out arising out of assault and battery, up to $25K. [ 06:15 ] - The Expected or Intended Injury Exclusion does exclude injury "expected or intended from the standpoint of the insured." If you throw someone into a table, you probably expect them to be injured. [ 07:00 ] - But, there's an exception to the exclusion! It doesn't apply to bodily injury "resulting from the use of reasonable force to protect persons or property." [ 07:35 ] - The patron argues that the coexistence of these two clauses creates an ambiguity. [ 09:30 ] - The court in Scottsdale v. Speakeasy rules that the existence of the exception to the exclusion did not preclude applicable endorsements. [ 11:00 ] - The patron argued that the bouncer did not mean to hurt him, so it wasn't an "assault." The court ruled that the bouncer did intend to throw him, and that falls under the endorsement. [ 12:30 ] - Brennan provides a recap of the scenario and the points above. Your PLRB Resources Scottsdale Ins. Co. v. Speakeasy Bar & Grill, LLC (2024) 2024 U.S. Dist. LEXIS 167125 (S.D. Ind. 9/16/24) - https://www.plrb.org/documents/scottsdale-ins-co-v-speakeasy-bar-grill-llc-2024/ Commercial General Policy Annotation Key GL71 – Expected or Intended Injury Exclusion - https://www.plrb.org/documents/gl71-expected-or-intended-injury-exclusion/ Does the "Expected or Intended" Exclusion Apply to the Employer for an Employee's Assault? – CCQ.2023.06.28.jrm - https://www.plrb.org/documents/does-the-expected-or-intended-exclusion-apply-to-the-employer-for-an-employees-assault-ccq-2023-06-28-jrm/ Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to [email protected]. Legal Information The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).