(CN) – A woman who was allegedly raped at a Louisiana hotel can’t collect damages from the hotel’s insurance company, a Louisiana appeals court ruled.
The woman filed a negligence lawsuit against America’s Best Value Inn, its owners and Evanston Insurance Co.
She said that she drank to the point of unconsciousness in the hotel’s nightclub. A hotel employee helped her to her room, accompanied by another man who offered to help.
The employee left the woman in the room with the other man, who allegedly raped her.
The trial court sided with the insurer, ruling that disclaimers in the insurance policy leave the company with no duty to pay any of the parties in the case.
The Lake Charles-based Third District Court of Appeals affirmed the decision.
“The policy language and endorsements clearly preclude coverage for claims arising out of an assault and/or battery,” Chief Judge Ulysses Thibodeaux wrote. “The Evanston policy also contains a sexual abuse and/or molestation exclusion which further excludes coverage.”