DC-10 Entertainment, n/k/a LLMJ, v. Manor Insurance Agency, 2013COA14 (February 14, 2013)

Owning a nightclub is so full of drama there is a reality TV show about it. This case starts with a bar fight, but ends with a lawsuit against an insurance broker. A Bar’s Patron is injured during a fight and sues. Bar’s insurance policy had an assault and battery exclusion and denied coverage. Bar didn’t think its policy had the exclusion, so Bar sued Broker. Bar settles with Patron and executes a “Bashor” agreement, assigning any proceeds from Bar’s claims. But the claims against Broker are dismissed because of the assignment. The court of appeals held: 1) Broker must show the settlement was unreasonable, 2) Bar could still claim assigned damages, 3) Broker’s failure to obtain the insurance requested gave rise to a negligence claim, and 4) that claim was assignable because it was a commercial, not personal transaction. Summary Judgment for Broker reversed and the case was reinstated.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA2637-PD.pdf

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1 Comment

Filed under Insurance, Personal Injury, Torts

One response to “DC-10 Entertainment, n/k/a LLMJ, v. Manor Insurance Agency, 2013COA14 (February 14, 2013)

  1. Pingback: Shelter Mutual Insurance v. Steven Vaughn and Alvin Miller, 2013COA25 (February 28, 2013) | Colorado Litigation Report ™

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