United States District Court, D. South Carolina, Aiken Division
Certain Underwriters at Lloyd's London, subscribing to Policy TCN051814, Plaintiffs,
Sarah Butler, Willie Butler, and Shakila Green, Defendants.
ORDER AND OPINION
the court is a motion for summary judgment filed by
Plaintiffs, Certain Underwriters at Lloyd's London,
subscribing to Policy TCN051814 (“Plaintiffs”).
(ECF No. 19.) For the reasons that follow, the court DENIES
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
February 26, 2016, Defendant Shakila Green commenced suit
against Defendants Sarah Butler and Willie Butler (together,
the “Butlers”) and against Round Two, an adult
night club business, by filing a complaint against them in
the Court of Common Pleas for Aiken County, South Carolina.
(See ECF No. 1-1.) In her complaint, Green alleges
that, in August 2013, she was a guest at Round Two, which was
operated by the Butlers, when she was shot in both of her
legs, which caused permanent damage. (Id. at 1.)
Green asserts one cause of action, alleging that the Butlers
and Round Two were negligent for failing to properly secure
the area by performing security checks for weapons as guests
entered the business, failing to properly check the
identification of guests, and failing to maintain proper
control of the area. (Id. at 2.) Green asserts that
these failures resulted in her injuries, and she seeks actual
and punitive damages. (Id.)
subscribed to a commercial property insurance policy,
specifically Policy TNC051814 (the “Policy”),
that was issued to the Butlers and covered the period in
which the events underlying Green's complaint occurred.
(See ECF No. 1-2.) The Policy covered premises
located in Graniteville, South Carolina, in which a sports
bar was operated (id. at 16, 44-45), and included
coverage as follows:
We will pay those sums that the insured becomes legally
obligated to pay as damages because of “bodily
injury” or “property damage” to which this
insurance applies. We will have the right and duty to defend
the insured against any “suit” seeking those
damages. However, we will have no duty to defend the insured
against any “suit” seeking damages for
“bodily injury” or “property damage”
to which this insurance does not apply.
(Id. at 57.) The Policy contained the following
exclusions from coverage:
insurance does not apply to any claim and/or cause of action
1. An assault and/or battery regardless of culpability or
2. A physical altercation; or
3. Any act or failure to act to prevent or suppress such
assault and/or battery or physical altercation.
The above applies whether caused by the insured, an employee,
a patron, or any other person; and whether or not the acts
occurred at the premises owned leased, rented or occupied by
This exclusion also applies to any claim and/or cause of
. . . .
4. Damages arising out of allegations of negligent hiring,
placement, training or supervision, or to any act, error, or
omission relating to such assault ...