You’ve probably heard of the Las Vegas Mandalay Bay shooting in 2017 that left 58 people dead and many others injured in what has been designated as the deadliest mass shooting in U.S. history. You’ve also probably heard about the numerous liability lawsuits that came afterward from the families of the survivors and deceased.
One recently filed lawsuit that you probably didn’t expect, was one made by Mandalay Bay owner, MGM Resorts, towards its own contracted insurance company.
As reported by Insurance Journal, MGM Resorts has sued Zurich American Insurance Co. in a claim of damages for failing to pay the defense costs for the damage claims resulting from the shooting.
As MGM is grappling with over 4000 damage claims of their own, they claim that several million dollars in defense costs have been left unpaid.
Now making damage claims, happens to be a very tricky task.
One must determine if the fictional “reasonable person” would have been harmed by the act of negligence.
The hypothetical “reasonable person” is representative of the judge’s (and or jury’s) perception of an ordinary individual with only the most basic degree of common sense, reason, caution, and intelligence.
It may be because of this that Brent Allen, president of Allen Insurance Policy, isn’t too convinced MGM Resorts will skate through this case with ease saying, “it could be hard for a company with the money and resources of MGM Resorts to gain sympathy from a judge.”
After all, how can one compare MGM Resorts to the ordinary “reasonable person” when the company as a corporate entity is anything but.