Court Finds no Coverage for Bar Brawl (NY)

Miaja Parler settled in to have a drink at a local watering hall called “Billy’s Place” situated along a strip of businesses adjacent to Long Beach on Long Island, but an old-fashioned bar fight broke out among several other patrons. Parler was allegedly not involved in the fracas but was nonetheless struck in the face by a bar stool hurled by an unknown individual at another patron.

Parler sued the bar, the owner of the premises and several others alleging that her injuries were caused “by their negligence in, inter alia, failing to provide suitable security and continuing to serve alcoholic beverages to visibly intoxicated patrons.” North Sea Insurance Company insured both the bar and the owner of the premises and disclaimed coverage based on an assault and battery exclusion in its liability policy. Parler in turn commenced a declaratory judgment action against North Sea seeking coverage for the bar defendants.

The Appellate Division, Second Department affirmed the trial court’s dismissal of Parler’s declaratory judgment action finding that Parler’s claims arise out of an assault, and therefore fall within the exclusion. The Court flatly rejected Parler’s contention that because she was not the intended target of the stool her injuries did not arise out of an assault or battery. Rather, the assault and battery exclusion applies regardless of whether the injured party was simply part of the collateral damage from an assault.

Thanks to Steve Kay for his contribution to this post and please write to Mike Bono for more information.