Boomer's, Inc. v. Whitney

Judge Harold R. Banke.

This case arose after a patron at Boomer’s, Inc. (“Boomer’s”), a tavern, shot Robert Whitney in the face. Whitney sued Boomer’s, alleging that it failed to exercise reasonable care for its customers in that it knew the patron was violent, but permitted him on the premises because he spent a lot of money. Boomer’s sought representation from its insurer, Northwestern National Insurance Company (“Northwestern”), which refused to defend the case based on an endorsement added to the policy on renewal excluding cases based on assault and battery. Boomer’s then commenced this…