The insured owned a recreational vehicle parking area with a restaurant that could be rented for functions.
The plaintiff was parked on the premises and was assaulted by one of the guests at the restaurant. The guest admitted that he was intoxicated at the time of the incident and was subsequently arrested and pled guilty to 4th degree assault. The plaintiff demanded $250,000 from the insured for pain and suffering. Alcohol was served by employees of the insured at the wedding reception so, while the assailant was primarily responsible for the injuries, the insured also had potential exposure if the patron was served while visibly intoxicated. The insurer settled this case for $40,000.
However, because the insurer purchased a casualty facultative coverage from Berkley Re Solutions, it was able to recover a portion of this loss.
Products and services are provided by one or more insurance company subsidiaries of W. R. Berkley Corporation. Not all products and services are available in every jurisdiction, and the precise coverage afforded by any insurer is subject to the actual terms and conditions of the policies as issued.
For additional information concerning W.R. Berkley Corporation’s insurance company subsidiaries, click here.
