LexisNexis® Legal Newsroom
“Occurrence” Determined from Viewpoint of Insured – Intentional Act Not an “Occurrence”

By Barry Zalma, Attorney and Consultant An insurance policy must be interpreted to provide the protection the parties intended. It is not a device to protect against every possible incident and, by definition, can only insure against fortuitous events. This axiom of insurance law was enforced by the...

You Only Get What You Pay For – Special Assault & Battery Exclusion Applies

Insurance, as I have said often, is nothing more than a contract where a liability insurer – for example – promises to defend and indemnify the insured against certain identified risks of loss in exchange for the insured’s promise to pay premium and comply with the conditions of the...

Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to lexis.com subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person was not an accident, and therefore did not fall within...

An Insurance Blue Moon: Coverage Owed For Sexual Assault -- “A Particularly Odd Set of Facts”

The number of decisions addressing the availability of coverage for a sexual assault are legion. They often, but not always, arise under the liability section of a homeowner’s policy. I have never undertaken a formal count, but, anecdotally, I can say that coverage is rarely owed for such claims...

Bar’s Policy That Excludes Assault & Battery Is Not Illusory

Tapas: Small Dishes of Insurance Coverage News & Notes It is not surprising that a bar owner, who did not pay a lot of attention to the ins and outs of his insurance, would be surprised to learn that his commercial general liability policy contained an Assault & Battery exclusion, as many...

Carrier Held to Have No Duty to Defend or Indemnify Insured Massage Therapist Against Claim of Sexual Assault Because the Assault Was Not Allegedly Performed Within the Therapist’s Scope of Employment

Baek v. Continental Cas. Co. , 230 Cal. App. 4th 356 (2014), [ enhanced version available to lexis.com subscribers ]. In Baek, the general liability carrier for a massage business was held to have no duty to defend or indemnify a massage therapist alleged to have sexually assaulted a client during...

When Does Assault & Battery Exclusion Apply? Assault & Battery Exclusion Easy to Prove When Patrons Shot

Places of public accommodation like bars, restaurants and hotels that serve alcoholic beverages are subject to rambunctious customers who may injure innocent customers. Insurers are loathe to insure risks where damage from assault or battery or the use of firearms and usually exclude such causes from...

Is There Coverage for Assaulting Your Employee? Business Dispute Not Covered by Homeowners

A Homeowners policy provides worldwide liability insurance coverage to the homeowners subject to various exclusions and limitations. In Perry v. Hartford Underwriters Insurance Company , Not Reported in A.3d, 2015 Del. Super. LEXIS 267 (Del.Super., 6/3/2015), [ enhanced version available to lexis.com...