In a dramatic turn of events, Kinsale Insurance Co. told a Tennessee federal court on Friday that it should not be required to cover the $30 million wrongful death lawsuit filed against a property management company after a boy was fatally shot at one of its facilities. The insurer’s argument hinges on an assault and battery exclusion clause in its general liability policy.
The Incident: A Life Cut Short
The tragic incident occurred in 2023 at The Residence at Village Green Apartments in Memphis, Tennessee, where LaQuincy Demontaye Martin was shot and killed. His mother, Tarsha Shanqenikia Smith, is now suing The Village Green LLC, Ryman Family Holdings LLC, Multi-South Management Services, and Bullseye Investments LLC, claiming that the property owners and managers failed to ensure proper security and allowed a dangerous environment to persist, ultimately leading to her son’s death.
In the amended complaint, Smith alleges that the defendants showed “conscious indifference” and breached their duty to protect tenants and guests. The lawsuit seeks $30 million in damages, along with reimbursement for legal costs.
Kinsale Insurance Steps In: Assault and Battery Exclusion
Kinsale Insurance, which provided the general liability coverage for The Village Green LLC and Ryman Family Holdings LLC, is refusing to cover the cost of defending against Smith’s wrongful death lawsuit. The insurer argues that the property management company is not entitled to coverage due to an assault and battery exclusion in the policy.
