Teschner's Tavern, in Richfield, Ohio, had a "Special Multi-Peril Policy" issued by Utica Fire, which covered bodily injury liability caused by an occurrence which arose out of the ownership, maintenance or use of the premises. The policy excluded "injury to persons or property arising out of physical violence inflicted by the insured, his employees, patrons, guests or invitees."

Michael Mickey and Stephen Weber were patrons of the bar when an argument arose, and Weber struck Mickey over the head with a cue stick. Mickey filed this action against Teschner's Tavern on the theory that the insured bar was negligent in failing to warn Mickey of a dangerous situation, and had failed to stop the fight.

In a criminal action resulting from the fight, Weber pled no contest to felonious assault. The trial court found that Utica was not liable to the insured, since the policy clearly excluded injuries to a patron caused by another patron.

The judgment entered in the lower court in favor of Utica was affirmed.

Utica Fire Insurance Company v. Teschner's Tavern, Appellant--No. 66942--Court of Appeals of Ohio, Eighth District, Cuyahoga County--March 9, 1995--656 North Eastern Reporter 2d 378.