September 2010, Volume 45
I didn’t mean for his head to hit the sidewalk!

The Pub House bouncer walked Jacob out the first time but then allowed him back in. The second time, he picked Jacob up and dropped him on the sidewalk. Jacob sustained a head injury and successfully sued for $200,000 in damages.

The insurance company denied coverage, citing the assault and battery exclusion in the policy.

Pub House responded, stating that the removal was not assault and battery. The bouncer merely picked Jacob up incorrectly causing him to lose consciousness, resulting in him striking his head.

The courts agreed with Pub House.

Click here for more details on this court case.

Difficult risks to place

Bars, nightclubs and taverns often employ individuals to get between customers in order to prevent injuries to them and damage to the premises. Alcohol has a way of freeing inhibitions and causing emotions to flow more freely than in most other environments, and altercations can and do occur.

This exposure, along with liquor liability, entertainment aspects, and fire potential make these risks difficult to insure.

Click here for an IMP Cybercast article on nightclubs, their unique exposures, and markets interested in insuring them.

Accurate information can mean the right fit.

Bars, nightclubs and taverns tend to be local. Each employs a specialty to attract its own unique customer base. One might be a friendly “Cheers” type environment where “everybody knows your name.” Another might have interactive entertainment such as karaoke, trivia challenges, or a live mike. Some have dancing while others specialize in live professional musicians or comedians.

In order for underwriters to properly evaluate and price such risks, the more information provided the better.

Click here for the Producer's Commercial Lines Risk Evaluation System General Client information Questionnaire for a bar. This is a good place to start to gather the needed information.

Let’s get personal!

Alcohol consumption has a Personal Lines side, too. When alcohol is served in a private residence, the same lack of inhibitions and expression of emotions can take place but professional bouncers are not available to intervene. The party host is responsible for the welfare of his or her guests.

Click here for an emarketing article you might want to include in a newsletter reminding your clients that their homeowners coverage may not apply if they act irresponsibly.

Recent Producer Online updates

Emarketing is written for your customers. If you subscribe to Producer Online, you have permission to use these articles in your newsletters and on your website. There are currently 208 articles. These are updated regularly and new ones added. Here are the articles added in 2010.

In-Home Businesses - Part 2
(Sales Ofc)
In-Home Businesses - Part 3
(Landlord)
In-Home Businesses - Part 4
(Daycare/Home Schools)
In-Home Businesses - Part 5
(Retail/Wholesale)
In-Home Businesses - Part 6
(Service)

In-Home Businesses - Part 7
(Manufacturing/Contracting)

In-Home Businesses - Part 8
(Farms)
In-Home Businesses - Part 9
(Repair Business)
Negotiating Recalls Tunnel Vision Drivers
Snowmobile Safety Teen Text Mess
Personal Emergency
Preparedness Plan
Duty To Preserve Property

 

Feedback

Have you found what you need in the Producer OnLine? Is there a classification
to add to the Producer's Commercial Lines Risk Evaluation System or a subject that you would like to see covered in PF&M?  Contact us now.

 
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