Sorry to hear it. Insurance polices vary. Often there are intentional act exclusions and also exclusions for actions "arising out of" violence or other things that are not normally expected. This sounds like a case of negligent security, supervision or enforcement of policies. Where there is a policy, there is a way around it in many examples. Plus, they had a reason to know this guy was a trouble maker. It's a case we've brought and won before.
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I have sued several South Beach Clubs for negligence. The simple answer is that an insurance policy is a contract and in the case of a Club On South Beach the parties can contract to exclude many incidents - alcohol related incidents, intentional acts and more. However, this does not mean that you can't sue the club.
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I agree with Messrs. Altman and Phillips. A bar owner can buy insurance that excludes acts such as you describe. You are not a party to that contract. You can still sue if you can find a lawyer willing to take you case. Good luck!
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I'm sorry for the severe injuries you've received.
While I haven't seen the insurance exclusion( and each one has to be individually analyzed ), There are many policies that exclude coverage for any assaults etc whether by bar employees or others.
Insurance contracts are construed against the author (in this case, the insurance company) but if correctly drafted, such a provision could be ( and may already have been; research would need to be done) upheld by the courts.
You need to consult with an experienced personal injury attorney who can review the entire facts ,including the validity of any exclusions and any other possible avenues of recovery.
It's important to contact a personal injury attorney as soon as possible. The language of the insurance policy is the key. An experienced personal injury attorney would need to get a copy of the insurance policy to review it against your situation.
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