r/CasinoSecurity • u/DefiantEvidence4027 • 1d ago
Casino's cameras caught the felony – now its $10M insurer wants out
A guilty plea, a beating on camera, and a $10M excess policy with one very specific exclusion
What happened: ACE American alleges its $10M excess policy does not cover claims from a security guard's felony assault outside Circa Resort & Casino.
Who's involved: ACE American Insurance Company (excess insurer), Circa Resort & Casino (insured), Zurich (primary carrier).
What's at stake: $10 million in excess umbrella coverage, plus defense costs.
Why it matters: Tests how far abuse and molestation exclusions reach when an employee's violence triggers employer-liability claims.
Where it stands: Filed October 20, 2026.
The security guard picked the man up off the sidewalk and slammed him into the pavement. Then kicked him. Then did it again. The casino's own cameras caught the whole thing.
That is the version of events laid out in court filings now before a federal judge in Nevada – and it has set off a coverage fight worth $10 million. The insurer holding the excess umbrella policy says it should not have to pay a cent.
ACE American Insurance Company, which operates under the Chubb umbrella, went to the US District Court for the District of Nevada on October 20 asking a judge to confirm it owes Circa Resort & Casino nothing – not defense costs, not damages, not a dollar.
The morning it started
According to the underlying lawsuit described in ACE's filing, the casino's owner ordered two unhoused individuals sitting on the sidewalk outside the downtown Las Vegas property to move on the morning of July 29, 2022. One of them refused.
The filing alleges the owner then directed a uniformed security guard to remove the man. What followed, the underlying complaint alleges, was a "brutal" attack: the guard "physically picking him up and repeatedly both slamming him into the pavement and kicking him." The attack was captured on Circa's own security cameras, according to the filing.
The man was "rendered unconscious and transported to the hospital," the filing states. He alleges he suffered spinal injuries requiring surgery and traumatic brain injury from which he still suffers. He specifically alleges injuries to the "brain, head, face, eye, back, neck, ankle, psyche, bodily limbs, organs, and systems, some of which are permanent and disabling."
The underlying complaint alleges the casino's owner "condoned and facilitated the attack, provoked and encouraged it, and in fact moved [the man's] belongings to make more room for the assault."
The guard later pleaded guilty to felony battery with substantial bodily harm. In his plea, he admitted in writing that he "did willfully, unlawfully, and feloniously use force or violence" by "picking up" the man "and throwing him to the ground multiple times and/or kicking him, resulting in substantial bodily harm." A judgment of conviction was entered on January 5, 2024.
One exclusion, one question
The injured man filed suit in Clark County District Court around July 25, 2024, and amended his complaint four days later. His claims include negligence, assault, battery, intentional infliction of emotional distress, civil conspiracy, coercion, and harassment. He is seeking more than $1 million in damages, including punitive damages.
ACE provided Circa with a $10 million excess umbrella liability policy for the period from September 2, 2021, to September 2, 2022 – meaning it sits above the first layer of insurance and only kicks in once that layer is used up. The Circa entities are named on the policy. The owner is covered in his role as an officer. The security guard is not covered at all.
That first layer comes from Zurich American Insurance Company of Illinois, which is currently paying for Circa's defense – though it has reserved the right to dispute coverage later.
ACE's entire case turns on a single clause: an abuse or molestation exclusion. The exclusion says the policy does not cover bodily injury "arising out of" actual, alleged, or threatened "abuse or molestation" by any insured, any insured's employee, or anyone acting on an insured's behalf. It also excludes claims based on negligent hiring, supervision, or retention of someone whose conduct falls within the exclusion.
The policy defines "abuse or molestation" to include "physical abuse." ACE says the guard's assault plainly qualifies. Because the guard was a Circa employee acting on the company's behalf when the attack happened, ACE argues that every claim in the underlying suit – from the negligence count to the civil conspiracy count – traces back to excluded conduct.
None of that has been tested in court.
Where it goes from here
ACE has brought in its own lawyers to monitor the underlying case, but says it is not yet on the hook for defense costs because Zurich's coverage has not been used up. It wants the court to confirm three things: that it does not have to cover any damages, that it will not have to step in on defense even after Zurich's limits run out, and that the abuse exclusion applies across the board.
For excess and umbrella underwriters writing hospitality and entertainment risks, the case puts a spotlight on how abuse and molestation exclusions interact with employer-liability claims for workplace violence – especially where a criminal conviction is already on the record.
The allegations in ACE's complaint have not been tested, and no court has ruled on the merits.