Insurance coverage can be crucial if substantial damages are awarded in a personal injury claim. In some instances, the plaintiff must undergo another court battle against the defendant’s insurance company to obtain a judgment. Guidance from an experienced Maryland premises liability attorney is particularly beneficial in cases involving insurance firms, as demonstrated in a July 27, 2017 case.
The plaintiff in the case had visited a pub to watch a basketball game. As he was opening the door to exit the pub, he was struck by a bullet. The shooter was neither apprehended nor identified. The pub and the plaintiff reached a consent judgment agreement, in which the pub admitted negligence and agreed to a settlement of $100,000 for medical expenses and noneconomic damages. Thereafter, the plaintiff made a demand on the pub’s insurance company for payment of the settlement, which was denied. The plaintiff then filed an action for breach of contract against the insurance company. The trial court ruled in favor of the plaintiff and awarded damages in the amount of $100,000. The insurance company appealed the decision to the Court of Special Appeals of Maryland.
The policy at issue contained an provision that excluded coverage for bodily injuries arising out of assault and battery. The primary issue for the court, therefore, was whether or not the shooting incident constituted a battery under the policy exclusion. The appeals court noted that there was no evidence regarding the identity of the shooter or whether the shooting was intentional or accidental. The absence of such evidence also raised the question of whether the intent of the shooter must be established to distinguish the injury from one that arises out of an accident. The court answered the question affirmatively, explaining that if evidence of intent was not necessary, virtually all bodily injuries caused by another person would be barred under the policy exclusion, including accidental injuries.