Whiskey glass with ice and car keys. Illinois Casualty moved for summary judgment, arguing that the insurer did not owe the Parks defendants “any duty to defend or duty to indemnify with respect to the underlying lawsuit” under the liquor liability policy issued to Little Daddy’s and the businessowners policies for both clubs. (Credit: Maren Winter/Shutterstock.com)

A liquor liability exclusion precluded any duty for an insurer to defend a suit in which an injured motorist claimed a bar had negligently allowed a customer to become inebriated, the Indiana Supreme Court decided. The case is Ebert v. Illinois Cas. Co., No. 22S-PL-8 (Ill. June 16, 2022).

On July 5, 2015, William Spence drank alcohol at a venue called Big Daddy’s Show Club and subsequently drove away in his truck. Meanwhile, as the Eberts were driving, they approached a four-way intersection, stopped at the flashing red lights and proceeded down the street. Spence failed to stop at the flashing lights and collided with the Ebert vehicle. At the time of the accident, Spence had a blood alcohol level of 0.195%. Earlier that night, Spence had been removed from Big Daddy’s.

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