There are an excessive number of bad bets that can be placed in a casino. Two people in Mississippi learned the hard way that expecting an insurance company to pay out for an accident involving criminal activity between them offered perhaps the worst odds of all.
On June 30, 2025, a U.S. district court judge granted summary judgment to a pair of insurance companies against claims filed by a pair of gamblers who got into an altercation that ended with one running the other over with his truck. Judge Debra Brown ruled that neither Liberty Mutual Personal Insurance Company (LMPIC) nor Liberty Mutual Insurance Company (LMIC) is required to cover claims filed by Franklin Winters or the woman he drove over, Doris Hill.
Automotive liability insurance sounds like exactly what's needed when a driver runs someone over. Why did a court side with the insurance companies in this instance?
That Wasn't a Speed Bump
Some of the larger casinos in America have arenas for concerts, rodeos, and sporting events like boxing and mixed martial arts bouts. Others only have parking lots for fisticuffs involving their customers.
On November 8, 2022, Franklin Winters and Doris Hill visited Harlow's Casino Resort and Spa in Greenville, Mississippi. They arrived in a 2008 F150 pickup truck driven by Winters. Hill rode in the passenger front seat.
As captured by the casino's security cameras, the two were seated at a bank of slot machines when they appeared to get into an animated argument or disagreement. Hill stood up and moved closer to the seated Winters, who then also rose before forcibly shoving Hill with both hands. This caused her to stumble over a chair and fall to the floor.
Other casino patrons came to Hill's aid while Winters appeared to continue to berate her. When Hill regained her feet, she threw casino coins at Winters, who raised his arm as if to strike her in response. Casino security intervened at this point, separating the two. They were asked to leave the casino.
Security camera footage from outside the casino shows Hill trailing Winters as he walks to his truck. After getting inside and starting the truck, he begins backing up before abruptly stopping to avoid hitting Hill, who was behind the vehicle. As she walked to the front passenger side of the F150, Hill was struck by the truck as Winters began driving forward. She fell under the vehicle and was driven over as Winters continued on and left the parking lot.
Police were summoned, and the state filed charges against Winters on the same day. He was arrested and charged with aggravated assault.
When the Chips Are Down
Winters had an active auto insurance policy with LMPIC for four vehicles, including the 2008 F150. He also had a personal liability policy through LMIC in effect at the time of the incident. The companies filed complaints for declaratory judgment in October 2023, seeking release from covering claims stemming from the encounter.
Winters and Hill answered the complaint in November with counterclaims of their own, asserting the companies were liable for breach of contract, negligence, gross negligence, bad faith, and racial discrimination. The counterclaims were dismissed without prejudice in May 2024 for failure to state a valid claim. Winters and Hill did not seek leave to amend their complaint.
LMPIC and LMIC both filed for summary judgment on September 20, 2024. LMPIC cited an exception to coverage noted in the contract Winters signed for injuries or property damage "arising out of a criminal act or omission of an 'insured.'" It also claimed that uninsured motorist insurance didn't apply because the criminal act negated the coverage, which was also moot because Winters didn't opt for uninsured motorist coverage in his LMPIC policy.
LMIC offered the same argument for their petition to remove their responsibility for damages from Winters's actions. Much like LMPIC's policy, LMIC specifically denies coverage for any bodily injury, personal injury, or property damage resulting from knowing or consenting violation of a criminal law.
Judge Brown sided with the insurance companies, agreeing that Winters' criminal and intentional acts qualified to exempt them from providing excess liability benefits to Hill or defending Winters from any lawsuits Hill might bring against him.
While most motor vehicle law violations don't give insurance companies a way out, a vehicle being used for aggravated assault was determined by Judge Brown to have met the exemption required.
Related Resources
- What Is Summary Judgement? (FindLaw’s Litigation and Appeals)
- Can I Sue for Breach of Contract? (FindLaw’s Filing a Lawsuit)
- What Is Liability? (FindLaw’s Learn About the Law)
