Tavern's Policy Excludes Injury From Patrons' Fight

Commercial Liability	Injury to Persons or Property
Exclusions - Intentional	No Negligence on Insured

Teschner's Tavern in Richfield, Ohio, had a "Special Multi-Peril Policy" issued by Utica Fire. This policy covered bodily injury liability resulting from occurrences related to owning, maintaining, or using the premises. However, it excluded injuries to persons or property arising out of physical violence inflicted by the insured, their employees, patrons, guests, or invitees.

Michael Mickey and Stephen Weber were at the bar when an argument broke out, and Weber hit Mickey over the head with a cue stick. Mickey filed this lawsuit against Teschner's Tavern, claiming the insured bar was negligent for failing to warn Mickey about a dangerous situation and for not stopping the fight.

In a criminal case arising from the fight, Weber pleaded no contest to felonious assault. The trial court determined Utica was not liable to the insured, since the policy explicitly excluded injuries to a patron caused by another patron.

The lower court's judgment in favor of Utica was upheld.

Utica Fire Insurance Company v. Teschner's Tavern, Appellant--No. 66942--Court of Appeals of Ohio, Eighth District, Cuyahoga County--March 9, 1995--656 North Eastern Reporter 2d 378.