Excess Insurer Can Skip Payout In Hotel Assault Case

Law360 (August 28, 2019, 8:30 PM EDT) -- StarStone National Insurance Co. does not have to pay out on a $3 million excess carrier policy in a wrongful death and assault suit against a Days Inn owner because the hotel's primary policy triggered a so-called sublimit exception, a Florida federal judge ruled.

U.S. District Judge Gregory A. Presnell said in Monday's order that a $25,000 limit in coverage for bodily injury caused by an assault — included in the primary policy held by hotel owner Polynesian Inn LLC from a Travelers unit — is considered a "sublimit of liability" as defined in StarStone's excess policy, which provides no coverage...

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