Doylestown, PA asked in Insurance Bad Faith for California

Q: My son was robbed at gun pt at an LA cafe serving food at tables outside. Should their insurance cover his loss?

The cafe owner said he would check with his insurance about covering the loss and he said his insurance would not cover the loss because it occurred outside, yet the cafe serves patrons outside all the time…

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1 Lawyer Answer
John Karas
John Karas
  • Insurance Claims Lawyer
  • Temecula, CA
  • Licensed in California

A: This is not a insurance bad faith matter. You're not the insured and lack standing to sue the cafe's insurer.

You can sue the owner for negligence insofar as failing to provide security. However, unless the amount stolen from you exceeds $10,000, you would have to file the lawsuit in Small Claims (SC) court, have to have the owner served with a summons and complaint AND travel back to California to attend the SC court trial which would be heard by a Commissioner who,, let's just say, is not really "up on the law". Be aware that the owner will likely claim he had no duty to safeguard his patrons safety (whether inside or outdoors) and probably win unless you can produce evidence that prior robberies occurred there and the owner should have taken proper precautions or at least warned customers of the risk of being robbed.

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