Coverage Barred By Assault And Battery Exclusion, 2nd Circuit Affirms

NEW YORK - The Second Circuit U.S. Court of Appeals on Dec. 11 found that both an original general liability insurance policy and the policy in effect at the time of an underlying assault allegation exclude coverage for the underlying action, rejecting the insured's contention that undisclosed changes to the exclusion constitute insurance fraud (Atlantic Casualty Insurance Co. v. Theodore J. Coffey d/b/a TJ Coffey's, et al., No. 13-0216, 2nd Cir.; 2013 U.S. App. LEXIS 24572).

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