Academic journal article Journal of Risk and Insurance

Florida Supreme Court Takes Broad Approach to Determining Causation of Third-Party Injury Claims; Gunshots Causing Injury to Party Patrons Are More Than One "Occurrence"

Academic journal article Journal of Risk and Insurance

Florida Supreme Court Takes Broad Approach to Determining Causation of Third-Party Injury Claims; Gunshots Causing Injury to Party Patrons Are More Than One "Occurrence"

Article excerpt

Koikos v. Travelers Indemnity Co., 849 So. 2d 263 (Florida Supreme Court--March 6, 2003)

In Koikos v. Travelers Indemnity Co., 849 So. 2d 263 (Fla. 2003), the policyholder was the owner of a restaurant in Tallahassee, Florida. He rented the premises to a Florida A&M University fraternity for a party. When two undesirables attempted to crash the party, an altercation ensued. One of the party crashers fired "two separate--but nearly concurrent--rounds," hitting two different partygoers and causing serious injury to each. Each victim filed a separate lawsuit against Mr. Koikos as owner of the restaurant, alleging inadequate security. Koikos sought coverage for two separate occurrences. Travelers disagreed, arguing that there was only a single occurrence--inadequate restaurant security--causing the shootings. The Florida Supreme Court, interpreting a policy which defined an occurrence as including "continuous or repeated exposure to substantially the same general harmful conditions," overwhelmingly rejected, the Travelers position on number of occurrences and embraced Mr. Koikos's view that each shooting of a different person was a separate occurrence to which full policy limits applied. Said the Koikos Court:

   We conclude that the inclusion of the "continuous or repeated
   exposure" language [found in a typical general liability policy]
   does not restrict the definition of "occurrence" but rather expands
   it by including ongoing and slowly developing injuries, such as
   those in the field of toxic torts. … 
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.