EAST ST. LOUIS - An insurance company claims it is not liable for covering a dram shop suit against Spike's Pub & Grub alleging a patron was stabbed multiple times.
Crum & Forster Specialty Insurance Company (CFSIC) filed a federal lawsuit on Dec. 20 in the U.S. District Court for the Southern District of Illinois against Spike’s Pub & Grub, doing business as Vincint Von Hart, LLC, and Devin Elliott, alleging no occurrence and total liquor liability exclusion.
According to the lawsuit, Spikes Public House, LLC, doing business as Spike’s Pub & Grub, sold or gave alcoholic beverages to Corey Lyell on March 18, allegedly causing him to become intoxicated. While intoxicated, Lyell allegedly attacked Elliott, stabbing him multiple times.
Spike’s Pub & Grub is alleged to have been negligent in keeping security personnel on the premises to prevent reasonably foreseeable criminal actions, failing to remove intoxicated persons from its premises, failing to protect Elliott and other patrons, failing in establishing procedures adequate to maintain the safety and failing to provide adequate security.
CFSIC issued insurance policy number BAK-77352- 1 to Spike’s Pub & Grub. The plaintiff claims the incident involving Lyell falls under the conditions of exclusion in the policy and alleges the company does not cover the defendants in such occurrences.
CFSIC seeks a declaration stating that the company does not cover the defendant in claims asserted, does not owe a duty to the defendant, awards of its costs and other relief deemed just and appropriate. CFSIC is represented by James J. Hickey of Chicago.
U.S. District Court for the Southern District of Illinois case number 3:21-cv-01722-NJR