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FLORIDA RECORD

Sunday, April 28, 2024

Insurer must pay for claims arising from assailant's second story jump and fall onto diner's table

Lawsuits
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U.S. District Judge Tom Barber

Loan Ranger Acquisitions, LLC was granted its motion for summary judgment that declares it’s insured by Depositors Insurance Company amid a personal injury lawsuit against it on May 1. 

“Loan Ranger is entitled to summary judgment declaring that the policy provides coverage to Loan Ranger for the claims Abedrabbo asserts in his state court complaint,” wrote U.S. District Judge Tom Barber, of the Middle District of Florida. “Depositors therefore has a duty to defend Loan Ranger against those claims.”

Barber also ruled that the question of whether Depositors should indemnify Loan Ranger concerning liability is premature since the initial lawsuit in question is still pending.

The underlying issue started after Rand Abedrabbo sued Loan Ranger and BEMC, LLC (d/b/a Locale Market). Abedrabbo claimed he was dining at Locale Market when a man, who was running from security, “jumped from a second-story walkway and landed on Abedrabbo’s table,” according to the lawsuit. 

Lone Ranger owns the mall where Locale Market is located. The table hit Abedrabbo’s leg, causing him to suffer serious injuries, he said. He ultimately dismissed BEMC from his lawsuit, and Loan Ranger was the only defendant left. BEMC had a policy with Depositors, and Loan Ranger was listed as an additional insured. While Lone Ranger said Depositors owed it a defense, Depositors disagreed and filed the current lawsuit. 

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