@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 10) References:
California CACI 3720 on scope of employment:
California Insurance Code 533:
Liberty Surplus v. Ledesma & Meyer, California Supreme Court:
AP report on the $11.8 million blinded-eye verdict:
@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 9) coverage, additional-insured coverage, excess/umbrella policies, structured settlements, and business assets are for.
But please, keep explaining the “real world.” This is going great.
@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 8) projectile. Different defendant, same valuation concept: permanent eye injury plus unreasonable force can absolutely get into eight figures.
The bar does not need eight figures sitting in a checking account. That is what primary liability coverage, security-contractor
@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 6) intentionally injured someone. So yes, insurance can absolutely still be in play.
& since you’re acting like 8 figures is fantasy, AP just reported a California federal jury ordered LA to pay $11.8 million to a man permanently blinded in one eye by a police-fired less-lethal
@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 5) bar/security company gets sued for negligence, not just the guard’s assault.
The California Supreme Court has also held that negligent hiring, retention, and supervision can still be an insured “occurrence” under a commercial general liability policy even when the employee
@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 4) Your insurance take is also not the slam dunk you think it is. California Insurance Code 533 says insurance does not cover the insured’s own willful act, but it also says the insurer is not excused by negligence of the insured, agents, or others. That is exactly why the
@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 3.) intentional or even criminal conduct if it was reasonably related to the employee’s job or foreseeable in that line of work. A bouncer using force on a patron is not some shocking, unforeseeable meteor strike. It is one of the most obvious risks of hiring security.
@SauceTray@bu99s@DrHairyPoppins@DalitDetector@Breaking911 2) training, negligent supervision, negligent retention, failure to control security staff, unsafe weapons policy, and vicarious liability for a bouncer using force while doing bouncer things.
California’s jury instructions literally say an employer can still be liable for