Trial lawyers specializing in personal injury and civil litigation
Shove in bar is not an "occurrence" and insurance coverage is denied
Dale Mieske shoved Ronald McIver on the dance floor of a Bay County bar, resulting in McIver's fall and serious head injury. Mieske testified that he did not mean to injure McIver, but simply meant to push him away; this testimony was undisputed. On the basis of this testimony, the Court upheld the insurance company's denial of liability coverage. Under an exception in the policy language, the insurer denied coverage for any intentionally caused injury, or any injury resulting from an intentional act that created "a direct risk of harm" to another.