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/
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