Mesa Underwriters Specialty Insurance Co. v. Secret’s Gentleman’s Club

Ohio man assaults dancer, gets kicked out of multiple strip clubs, drives drunk, kills another motorist. The deceased’s family sues the final club the man patronized. The club’s insurance policy covers negligence but has an exclusion for liquor liability, and the insurer refuses to defend the suit or attend a hearing. Ohio court: The bar was negligent for reasons independent of serving liquor. District court: So the insurer has a duty to defend. Sixth Circuit: That is what you get for not showing up to court. Affirmed.

Tags: 2018, Collateral Estoppel, Insurance, Sixth Circuit

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