Missouri Appellate Court Affirms $25K Insurance Cap in Brutal Bar Assault, Leaving Victim Shortchanged

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How It Began: A Bar Fight Turns Legal Battleground

The ordeal started on August 23, 2013, when Richards visited The Bunkhouse, a Platte County bar. She alleged that R.J., the bar’s owner, not only threatened and harassed her but, with the help of other patrons, physically assaulted her—punching her in the face, dragging her to the floor, and beating her until her ear was detached and her face and arms bloodied.

Richards sued the owner for battery and the bar itself for failing to keep her safe—a classic negligence claim. In March 2018, a jury found The Bunkhouse 90% at fault and awarded Richards $450,000 (reduced to $405,000 for comparative fault). Surprisingly, the jury cleared the owner of civil battery, possibly accepting a self-defense claim, but found the bar’s negligence undeniable.

The Insurance Trap: The $25,000 Question

For Richards, the real shock came after the verdict: The Bunkhouse’s insurer, Cincinnati Specialty Underwriters, paid out just $25,000—plus costs and post-judgment interest—claiming its liability was strictly capped by a policy clause excluding most claims “arising from” assault or battery.

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Richards challenged this in court, seeking the remaining $380,000+ through an equitable garnishment action. The insurer countersued, asking the court to declare its obligations fulfilled.

Platte Circuit Court sided with Cincinnati in July 2024, and Richards appealed—hoping the appellate bench would see things differently.