INSURANCE LAW - Superior Court holds that restaurant not entitled to a defense with regard to assault on customer

2016-03-11 | Philip R. Dunn, Jr.

Category: Insurance

Philip R. Dunn, Jr.

The general liability insurer filed a declaratory judgment action seeking a declaration that there was no duty to defend the insured restaurant with regard to an alleged failure to train, unsafe premises, service of alcohol to intoxicated and underage individuals, and negligent hiring.  A customer at the restaurant was allegedly assaulted by another customer.  The Superior Court holds that the assault does not qualify as an accident or occurrence for the purposes of insurance and therefore concludes that the insurance carrier lacked a duty to defend or indemnify.  The court stated that the direct causative act resulting in the injuries was an assault by a third-party patron, and that the assault could not be an unintended accident.  Mesa Underwriters Specialty Ins. v. Bella Fiore, February 11, 2016

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 255-8586.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield and Farmington, our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case.  (860) 255-8586 during business hours or 860.966.7436 any time, or email us any time at

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