A business liability insurer will not need to provide coverage to a convenience store faced with claims of negligent supervision arising from a physical altercation between the store’s security guard and a customer.
According to records from the Wisconsin Supreme Court, the incident happened in 2009 at a convenience store when the customer visited the store to buy beer and that while he was inside the store, the security guard punched him in the face twice. Customer/ plaintiff left the store, called police to report an assault and was transported to the hospital where he received treatment for a broken jaw.
As our personal injury attorneys in Orlando can explain, actions for intentional tort can be difficult because many insurers will allege they do not cover intentional acts. However, there may be negligence claims that are applicable for which insurers are liable.
Plaintiff filed a personal injury lawsuit against the store owner, the security guard and the store’s insurer. He alleged the store had a duty to properly train and supervise employees, owing the highest degree of care for the safety of customers. The store’s liability insurer hired an attorney to represent him, but did so under “reservation of rights,” meaning that decision alone did not mean it would provide coverage for the end verdict. The insurer sought to bifurcate issues of coverage and liability and put the proceedings on the latter issue on hold until the issue of coverage could be decided, a motion the court granted. The store owner hired his own attorney to represent him on the issue of coverage. Continue reading →