Jury limits insurer’s liability in shooting case - Business Insurance

Article ID: 0066eb88928b95a137aaad407647a2c090108fc727c77b0283dfc080be88f76b

Source ID: secondary:businessinsurance.com

Published At: -

Extraction Method: bs4_heuristic

URL: https://www.businessinsurance.com/jury-limits-insurers-liability-in-shooting-case/

Body Text

Jury limits insurer’s liability in shooting case - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Jury limits insurer’s liability in shooting case by Richard Sine Claims Disputes , General liability Apr 21, 2026 An insurer did not act in bad faith when it delayed settlement in a case involving a fatal shooting outside a Florida lodge, a federal jury has found. Richmond, Virginia-based Kinsale Insurance is only liable for a $50,000 sublimit rather than the roughly $5 million that would have been owed to the lodge and the estate of shooting victim Tanya Oliver, said Miranda Soto, a Miami-based attorney for Kinsale, said in an email. In 2019, a previous jury handed a $3.3 million judgment against the lodge due to negligent security, which has grown to about $5 million with interest, Ms. Soto added. The verdict was handed down last week in Kinsale Insurance Co. vs. Pride of St. Lucie Lodge 1189 in the U.S. Southern District in Florida. “Bad faith cases can be won — even the cases involving over a decade of litigation,” Ms. Soto said. “An excess verdict does not mean the insurer, claims professional, or risk manager acted in bad faith.” The verdict is surprising given that the previous jury had found the Fort Pierce, Florida, lodge liable in the shooting death of Ms. Oliver in 2015, said Syed S. Ahmad, who leads the insurance coverage practice at Hunton Andrews Kurth. But it doesn’t affect a previous ruling in the case that tightens claims-handling requirements on insurers in Florida cases, he added. Ms. Oliver and her friends got in a brawl with another group of women inside the lodge and she was shot soon after being evicted from the lodge. Kinsale had provided the lodge with a $1 million surplus lines general liability insurance policy. Ms. Oliver’s estate later claimed that Kinsale acted in bad faith by not offering to settle before the estate filed suit. Last April, a divided 11th Circuit Court of Appeals ruled that a jury should decide the bad-faith question, reversing a lower court’s summary judgment in favor of Kinsale. The majority ruled that the case should go to a jury because it could reasonably conclude that the lodge’s liability was clear before the claim was filed. Florida is one of a few states to require insurers to settle cases without a formal demand when liability is evident. Those states include New Jersey, Oregon and Louisiana. Last year’s ruling could influence how future courts handle ambiguities in bad-faith cases in those states, said Mr. Ahmad, who is based in Washington. For insurers involved in Florida cases, the case makes clear that a missing or dubious demand “is not a get out of jail free card,” he added. “It’s an important case in terms of how claims should be handled, and settlements should be reached, when it’s reasonable to do so,” Mr. Ahmad said. “There are principles that the 11th Circuit laid out in terms of diligently and carefully investigating and evaluating claims that are bedrock principles that ensure that insurers are going to want to try to follow, regardless of the circumstances of the particular claim, whether there’s a demand, or the amount of the demand.” Related News BI names Lifetime Achievement winner, USIA finalists April 21, 2026 One letter, big trouble: elderly woman convicted over insurance typo April 21, 2026 World Insurance names former Newfront exec John Newell CEO April 21, 2026 Governor signs bill giving employers more control over cannabis policies April 21, 2026 India approves $1.4B maritime insurance pool April 21, 2026 Manufacturers curtail production due to aluminum shortage April 21, 2026 Gulf oil spill traced to Pemex pipeline leak April 21, 2026 Capital declares state of emergency amid heavy flooding April 21, 2026 Poland launches $1.8B transport reinsurance program April 21, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now Information About Us Contact Advertise Privacy Policy Terms & Conditions Copyright 2026. BUSINESS INSURANCE HOLDINGS Member, Beacon International Group, Ltd.

Metadata (JSON)

{
  "score": 15.805
}