Insurer’s exclusion stands after bar fight

Back to TopCommentsE-mailPrintBookmark and Share

A woman’s own description of a barroom brawl that left her with a broken arm was used against her in allowing an insurance company to deny coverage.

Kari Everhart was standing at the bar of Club Coyote in west Terre Haute when a patron was shoved and fell onto her. When she tried to catch herself, she broke her arm in several places.  

Club Coyote had liability coverage for bodily injury and property damage with Founders Insurance Co. However, the policy included an exclusion for bodily injury caused by assault and /or battery.

After Everhart filed a complaint for damages, Founders pointed to this exclusion and asserted it had no duty to defend or indemnify either party. The insurance company argued Everhart’s admissions show her injury was the result of battery.

In her interrogatory, Everhart said the incident began when the bartender grabbed the patron and bounced his head off the bar about three or four times before shoving him into a small crowd. The patron was shoved again and fell violently, grabbing Everhart and causing her to fall.

Everhart disputed Founders’ reasoning, maintaining the exclusion covers intentional acts. She argued she never contended any employee or patron of the bar did anything intentionally.

The Indiana Court of Appeals affirmed the trial court’s grant of summary judgment in favor of Founders in Kari Everhart v. Founders Insurance Company, 84A01-1303-PL-128.

The COA found Everhart’s description fits the definition of battery as set forth in Singh v. Lyday, 8890 N.E.2d 342 (Ind. Ct. App. 2008). It also pointed out there is not dispute that the patron was intentionally pushed and that Everhart suffered injuries as a result which makes her the victim of battery.



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"