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Insurer’s exclusion stands after bar fight

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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.


 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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