Kinsale’s attorneys told the court that the shooting falls squarely within the terms of this exclusion, meaning the insurance company is not liable to cover the damages or defend the case. The insurer also noted that it had already sent a reservation of rights letter to all parties involved, indicating that certain clauses in the policy may prevent coverage for this specific case.
A $30 Million Battle: Who Is Responsible?
Smith’s lawsuit accuses the property managers and owners of failing to maintain adequate security, which allegedly led to the fatal shooting. The suit claims that the environment at the property posed a significant danger, one that was ignored by those responsible for the premises. In the absence of appropriate action, Smith argues, her son’s death could have been prevented.
The legal dispute revolves not only around the tragic loss of life but also about the extent of responsibility the property owners and managers hold. Smith is seeking $30 million in damages, along with coverage for legal fees.
Next Steps: A Legal Tug of War
As Kinsale Insurance battles to avoid paying for the defense of the wrongful death lawsuit, the court will weigh whether the assault and battery exclusion can hold up in the context of the tragic circumstances. The outcome could have wide-reaching implications for how insurance policies address security concerns in residential properties.
