Why This Fifth Circuit Ruling Should Have Bar Owners Checking Their Exclusion Clauses
Injuries caused by guns, knives and other weapons were "plainly excluded" from Funky 544's insurance policy, Fifth Circuit ruled.
The U.S. Court of Appeals for the Fifth Circuit ruled Friday that an insurance company doesn’t have to protect a bar against personal injury claims by patrons who were stabbed there.
The reason is the Houston Specialty Insurance Co. policy contained an exclusion for injuries caused by firearms or other weapons. The policy defined weapons as “instruments of an offensive or defensive nature and include but are not limited to batons, bow or crossbow, arrows, knives, mace, stun guns, tasers, or swords,” according to a per curiam opinion from a panel that included Circuit Judges Leslie Southwick, Andrew Oldham and Cory Wilson.
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