Nightclub Not Covered For Shooting Suits, 6th Circ. Affirms

Law360 (August 22, 2019, 9:00 PM EDT) -- A split Sixth Circuit panel on Thursday affirmed that U.S. Specialty Insurance Co. has no duty to defend or indemnify a Kentucky nightclub in multiple lawsuits over a 2015 shooting at the venue that injured eight people, agreeing with a lower court that a policy exclusion for assault and battery claims precludes coverage.

In a 2-1 ruling, the panel upheld U.S. District Judge Thomas B. Russell’s April 2018 ruling absolving U.S. Specialty of any obligation to cover the costs of Louisville, Kentucky-based Cole’s Place Inc. in the underlying actions brought by injured patrons who alleged the nightclub failed to take adequate...

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