Insurer Must Cover Defendant in Fatal Bathroom Fight Lawsuit

By | June 17, 2019

  • June 17, 2019 at 11:45 am
    KP says:
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    I disagree with the ruling.

    • June 17, 2019 at 3:04 pm
      Agent says:
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      No accident, no coverage.

      • June 17, 2019 at 3:45 pm
        CO_yeti says:
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        Insurance covers many deliberate actions that have unintended consequences. Wouldn’t be worth purchasing if it didn’t.

  • June 17, 2019 at 3:03 pm
    CO_yeti says:
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    All around tragic situation, but I assume USAA knew this was a long shot. Not sure why they even tried to deny coverage/defense as its just adding to the final bill… Maybe they thought they had to for PR because this is such a high visibility case.

  • June 17, 2019 at 3:33 pm
    Wayne2 says:
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    I keep reading: excludes coverage for injury or damage “which is reasonably expected or intended by any “insured” including injury or damage that “is of a different kind, quality or degree than initially expected or intended …”

    How was this not reasonably expected. She went in to the bathroom to intentionally fight this girl. You can reasonably expect injuries. Coverage denied.

    • June 17, 2019 at 6:14 pm
      okt0ber says:
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      I wouldn’t reasonably expect death. And death is not a “different quality or degree” than just an injury. Death and injury are two very different things. This clearly was an accident – the death part of it. And that’s what the lawsuit is about. There wouldn’t be a lawsuit if she hadn’t died.

      • June 18, 2019 at 1:33 pm
        Jax Agent says:
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        Death and injury are frequent bedfellows. Granted, it sounds like the defendant is stupid enough that maybe she didn’t know that slamming someone to the ground and kicking them could hurt them. You can hit someone with your car, unintentionally, and still be charged with vehicular homicide.

  • June 17, 2019 at 3:43 pm
    mrbob says:
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    The most disturbing part of the ruling is the Judge stating “On the one hand, there is the well-established Delaware rule that an insured ‘shall not profit by way of indemnity from his own wrongdoing,”’ he noted. “On the other hand, there is an innocent victim, Ms. Francis, whose heirs and family members would be negatively affected by the denial of coverage for Ms. Carr.”

    The contract was not between Ms Francis and her heirs but rather the mother of Ms Carr. Just another no nothing SJW Judge looking for a deep pocket to go after for the victim.

    • June 18, 2019 at 6:44 pm
      LOL says:
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      “know” nothing…its ok

  • June 18, 2019 at 1:29 pm
    Jax Agent says:
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    “…saying no reasonable fact-finder could have found that she acted with criminal negligence” ? Really ? Not just criminal negligence but intent to do bodily harm. The Thuget Carr should face the death penalty and USAA should not be responsible to defend her.

  • June 18, 2019 at 2:17 pm
    Publicus says:
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    A very sorry example of results-oriented jurisprudence. The court WANTED a source of financial recovery available to the decedent’s estate.

    • June 24, 2019 at 1:57 pm
      Mark Ambrose says:
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      This is like the referee at the superbowl saying, ” Well he was offsides but he was able to get to the quarterback and save the points so we’re going to allow it” The rules that society makes must be applied equally or the rules are no longer rules, Just ‘guidelines’ for pirates to follow.



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