Silk City Tap Room sues Northampton insurance broker over death
NORTHAMPTON - The owners of a bar where a fight led to tragedy three years ago have sued their insurance company, alleging the firm failed to insure them properly.
Silk City Tap Room, 99 Main St., Florence, filed suit Friday against Webber and Grinnell Insurance Agency Inc., 8 North King St., saying the firm gave tavern owners bad advice. As a result, the bar alleges, it is not covered with regard to separate lawsuit filed last month against the bar by the estate of John Connell, who died in 2009 after a fight outside the bar.
Bill Grinnell, one of the owners of the firm, said in an interview Wednesday he was "befuddled" by the suit, as he believes the bar is indeed fully covered, although he acknowledged that is a matter that will be sorted out as the case proceeds.
At issue is a Jan. 3, 2009, incident in which two Silk City patrons got into an argument as they were leaving the bar that escalated into a physical altercation. Connell, 35, of Florence, died from injuries sustained when he fell onto the pavement after being pushed by James M. Duffy Jr., 27, of Northampton, after the two had a disagreement.
In 2010, Duffy was placed on eight years probation and ordered to pay Connell's family $1,300 after he pleaded guilty to a charge of involuntary manslaughter in connection to Connell's death.
In December 2011, Connell's estate filed a wrongful death suit against both Duffy and Silk City Tap Room, alleging that the bar was negligent and Duffy acted recklessly.
That suit charged that Silk City employees served Connell alcohol after he was intoxicated, that bouncers who ordered Connell out of the bar ought to have anticipated an altercation might ensue because Duffy and Connell had earlier had a tense exchange. The suit faulted the bar for "failing to defuse a volatile situation, failing to summon law enforcement and failing to provide proper security."
Silk City's suit against the insurance company alleges that, after Connell's death, the business was told that claims arising from the fight would probably not be covered because of an exception for assault and battery in their liability insurance. The bar's insurance carrier, Great American Insurance Company and Liberty Surplus Insurance, denied coverage for the claims.
The Jan. 13 suit claims that Webber and Grinnell failed to provide advice about what coverage would be sufficient.
"The agency also breached its duty and was negligent by recommending and procuring insurance policies for Silk City which did not cover claims arising from forseeable risks, including the claims brought in the lawsuit."
Grinnell disputed that claim.
"We do have coverage in place for Silk City and we fully expect the company to be covered, and we still do business with Silk City," he said. "You've got to see how it all plays out - the insurance company hasn't seen the suit from the claimant yet."








