|Fanning Harper Martinson Brandt & Kutchin attorney Marc Fanning quoted in Law360 article |
Cinemark Is Likely Covered For Colo. Tragedy
|July 20, 2012 11:59 pm|
Law360, New York (July 20, 2012, 9:41 PM ET) -- Insurance lawyers said Friday that it's likely a commercial general liability policy would protect Cinemark Holdings Inc., the parent company of the theater where a gunman killed 12 people and injured dozens more at a midnight movie screening outside Denver, from the negligence suits that are likely to follow.
In the attack early Friday morning, 24-year-old James Hughes shot an automatic rifle and other weapons into an Aurora, Colo., theater crowded for the opening of the Batman movie "The Dark Knight Rises," according to the Associated Press. The incident was unexpected and horrific but is not likely to be excluded from insurance policies because it wasn't the result of intentional action by the theater, attorneys said Friday.
Others said the crime was so extreme that it could not have been foreseeable.
"You'd never have notice of something like this," said Marc Fanning of Fanning Harper Martinson Brandt & Kutchin PC. Fanning said depending on whether the area around the theater had a history of crime, the theater might have had notice that it would need some security on hand, but he said he didn't expect the movie chain would be liable for the shooting.
Kickham said the theater might follow its human instinct and set up a trust for the victims whether or not it had a legal obligation.
© Copyright 2012, Portfolio Media, Inc.
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