State Automobile Mutual Insurance v. Lucchesi, et al., 4:11-cv-735

On June 5, 2012, Chief Judge Kane granted Plaintiff State Auto’s motion for summary judgment and denied Defendants’ cross motions for summary judgment.  This matter was instituted to determine Plaintiff’s obligations pursuant to an insurance policy it had issued to a tavern regarding a lawsuit filed by a former patron.  The patron alleged that he had been overserved alcohol at the tavern and was permitted to leave in an intoxicated condition.  The patron alleged that as a result of the tavern’s conduct when he attempted to cross the street outside the bar he was stuck by an automobile which caused severe injuries.  The patron sued the tavern and the tavern sought insurance coverage.  The Court found that the conduct alleged by the patron fell within the insurance policy’s liquor liability exclusion, and as a result held that the tavern’s insurance company was not responsible for defending and indemnifying the tavern in a lawsuit by the patron.

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