Pannini's Incident Case Study

Words: 1659
Pages: 7

Coverage: not proper, xx100k, yy1000 active policy

Liability: adverse to Insured- majority at fault from what we know

Facts: This incident happened at Pannini's in Mayfield Heights during the Browns Steelers game. John denies knowing the Claimant. The claimant was at the bar when the Insured arrived. The insured was at the bar about 1 1/2 hours when this loss occurred. The insured states he consumed two 12 oz beers. The Insured asserts the Claimant was highly intoxicated.
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The inured and claimant talked throughout the time the Insured was there. John states he was former military, and the Claimant started trash talking the military. The claimant got up to go to the rest room, and the insured paid his bill and was preparing to leave the bar. The clmt came towards the Insured and told him "F#$% You and F#$% the men who died in the military. The Claimant approached the Insured with his hand in the Insured's face. The Insured states he felt threatened, and punched the Claimant in the jaw, breaking it.
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Insured was charged with Misdemeanor assault. The insured's criminal defense atty got the charges reduced to disorderly conduct, and the judge denied restitution to the clmt for his