LAS VEGAS (CN) - A popular Las Vegas bar is on its own for a beating a manager gave to a customer, the insurer says in court.
Badger Mutual Insurance underwrites the commercial liability insurance policy for the Rhumbar lounge, inside the Mirage Hotel & Casino.
In October 2014 Dustin Tappan sued the bar in Clark County Court, saying Shane Tedesco, then the bar's general manager, beat him for no apparent reason on Nov. 12, 2013.
Tappan says he was sitting at the bar when Tedesco, intoxicated, sat next to him, starting talking and suddenly attacked him. He says Tedesco grabbed him by the neck and "violently pushed" him to the ground, then knocked him down again when he tried to get up.
When he did get up, Tappan says, Tedesco punched him in the face. Bar security intervened and Las Vegas Metro Police arrested Tappan, who was prosecuted for the attack, Tappan said in his lawsuit. Among his injuries were bulging discs in his back that required spinal surgery, Tappan said.
He sued the bar, Tedesco and others, seeking punitive damages for assault and battery, emotional distress, false imprisonment and negligence.
On Jan. 30, Badger Mutual sued Rhumbar and Tedesco, saying it has no duty to defend them because Tedesco intentionally and maliciously committed assault and battery. Badger also says the policy also does not cover punitive damages.
Badger is represented by Craig Delk, with Thorndal, Armstrong, Delk, Balkenbush & Eisinger.
Delk did not return a call seeking comment.
Tappan's attorney Jesse Sbaih did not return a call seeking comment.
A manager at Rhumbar said Tedesco no longer works for the bar and that he had no other information.
Read the Top 8
Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.