ILNews

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.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT