State Farm Won’t Pay In Toots Suit

An insurance company has been absolved from liability in a lawsuit filed by Frederick “Toots” Hibbert over injuries he suffered during a festival in Richmond, Va., last year.

Hibbert, performing with Toots & The Maytals, was struck in the head after a man in the audience threw a vodka bottle during a May 18 performance.

Hibbert suffered a deep head cut and canceled the remaining stops on his tour following the incident. In June 2013, he filed a $21 million suit against lawsuit against William Connor Lewis that went after a homeowner’s insurance policy held by Lewis’ mother.

Hibbert followed up that action with a similar suit against the companies that provided security and concessions for the concert in August.

U.S. District Judge Henry Hudson wrote Dec. 15 “that Lewis’s intentional acts – and the resulting injury to Hibbert – are not covered by the policy,” according to the Richmond Times-Dispatch.

The State Farm policy excludes “bodily injury or property damage which is either expected or intended by the insured,” the judge continued, and “provides no coverage for the injuries Hibbert sustained at the festival.”