Assault and Battery question on bar

[Rob]

I have a customer who had an A&B claim on his GL policy for his bar due to a fight that occured inside the bar between two patrons of which he did not appear to have liability. It appears the carrier settled for $8500. He is with a different agent right now.

He came to me for a quote but asked a question I wasn't really sure how to answer since we were talking about possible sublimits for A&B when quoting. He asked "well what if someone is murdered?". Well, that really wouldn't be Assault and Battery would it? So would policy cover it? Most likely scenario would be a relative as claimant and they would have to prove legal liability on the part of the insured. Ok so let's say they prove that. Would the policy pay under the GL portion or the A&B portion?

[new2independent]

My understanding is that if it is not an intentional act by the owner that there would be coverage.

I know from experience that a GL or LL on a bar of pub usually brings a big commission check but if I had a prospect asking me those types of questions, I would pawn him off on another agent.

[Rob]

My understanding is that if it is not an intentional act by the owner that there would be coverage.

I know from experience that a GL or LL on a bar of pub usually brings a big commission check but if I had a prospect asking me those types of questions, I would pawn him off on another agent.

Well it's not exactly like he initiated the question. We were discussing a quote that had a drop down limit of $300K for A&B and he asked my opinion if he thought that was sufficient and said "I mean, I can't see a bar fight being more than $300K" and I said "well if it was something more serious than a fight maybe....like a murder." Then I said "well wait...hmmm....I don't think a murder would classify as A&B since A&B is A&B and murder is murder". That is when he said "well what if someone is murdered, is that something that is even covered".

Thus, my question to you.

[new2independent]

I would say it would be. As long as the company didn't intentionally murder a person coverage would be there. This is under a standard GL. I would check with the company you are planning on placing this witch to see if there are any specific endorsements that exclude this.

Sorry if I am off on this response. I am taking your question as the murder takes place during the normal course of bar operation.