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Insights from the Courtroom

• Insurer Off the Hook: Missouri appellate judges sided with Cincinnati Specialty Underwriters, affirming the insurer’s liability for only $25,000 despite a jury’s $405,000 award to a patron viciously beaten at The Bunkhouse Bar & Grill.
• Assault Exclusion Holds: The ruling reinforces the power of “assault and battery” exclusions in commercial liability insurance, even when negligence is involved.
• Policyholders and Victims Beware: The decision highlights the pitfalls facing victims and businesses when policy language limits payouts, regardless of jury verdicts or the severity of harm.

By Samuel Lopez – USA Herald

KANSAS CITY, Mo. — A night out turned into a lifelong nightmare for Kristy Richards. Harassed and brutally assaulted at The Bunkhouse Bar & Grill, Richards suffered injuries so gruesome—a detached ear, torn hair, lacerated face, and battered arms and shoulders—that a Platte County jury later awarded her $405,000 in damages.

But her victory in court proved cold comfort. Thanks to an obscure line in The Bunkhouse’s insurance policy, Richards will see just a sliver of that award. On May 27, Missouri’s Court of Appeals for the Western District closed the book on her case, affirming a lower court ruling that Cincinnati Specialty Underwriters Insurance Company owes her no more than $25,000 under its “assault and battery” exclusion.

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.

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.