Facts

North East Insurance Co. sued Masonmar Inc., seeking declaratory relief.

PLAINTIFF'S CONTENTIONS:
North East issued a policy of liability insurance to Masonmar Inc., who did business as the Battered Beaver. On Feb. 25, 2012, a physical altercation occurred at the tavern operated by Masonmar. Three people were injured in the physical altercation, when they were attacked by another patron and stabbed.

The injured parties demanded that North East pay its applicable policy limits to settle their claims against Masonmar. North East offered to pay the full $100,000 available under Masonmar's policy pursuant to the Assault and Battery Limitation, but the injured parties demanded $1.1 million, asserting they were due another $1 million under the Liquor Liability coverage under the policy.

North East argued that under California law, a tavern is immune from liability for injuries cased by serving liquor to its patrons unless the tavern serves an obviously intoxicated minor, and that the Liquor Liability coverage did not apply.

Result

The court determined that the $1 million Liquor Liability coverage was not applicable, and that the policy limit available to the injured parties was $100,000.

Other Information

Masonmar Inc. did not retain counsel or defend the case.