Penn-America Insurance Co. v. Bar, Inc.

HAROLD L. LOWENSTEIN, Judge.

Appellant, Penn-America Insurance Company (“Penn-America”), sought a declaratory judgment that it had no duty to defend or indemnify its insured, respondent, The Bar, Inc., known as Funkytown (“Funkytown”), in an underlying lawsuit brought by another respondent, Ronnie Banister (“Banister”), for damages arising from his forcible removal from the premises by the Funkytown bouncer. Penn-America moved for summary judgment on the grounds that the contract of insurance did not provide coverage for the claims alleged, nor provide a duty to defend or indemnify in the…