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Peach Clobber: Georgia Appeals Court Knocks Out the “Assault & Battery” Exclusion

Another Court Uses the Presumption of Self-Defense to Find Coverage for an A&B Claim Randy J. Maniloff, White and Williams, LLP As a short guy with glasses, not to mention at one point in time having a keen interest in the Dewey Decimal System, I've made it my business not to become familiar...

An Effective Assault & Battery Exclusion

Barry Zalma, Attorney and Consultant Artful Pleading Fails Insurers who insure bars and other places where alcoholic beverages are sold are loathe to insure the bar against liability for bar room fights, acts of security personnel (bouncers) or any form of assault or battery. Plaintiffs' lawyers...

The Top 10 Bizarre Workers' Comp Cases for 2013

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior year. In doing so, I reenact, in part...

Effect of “Assault & Battery” Exclusion: Entire Policy Must Be Read to Interpret Policy

Insurance policies, contrary to the belief of some members of the plaintiffs’ bar, are nothing more than a contract that needs to be interpreted like any other contract. In so doing the entire contract must be read to determine the intent of the parties to the contract. In Certain Interested...

Alabama: Former Employee’s Civil Action Alleging Assault and Battery Barred by Exclusivity

A trial court should have dismissed a former employee’s assault and battery and tort-of-outrage claims against the former employer because they were barred by the exclusive remedy provisions of the Alabama Workers’ Compensation Act, held the Supreme Court of Alabama. The Court noted that...

Minnesota: Workers’ Compensation Provides Exclusive Remedy for Teacher Injured in Fight at School

A Minnesota high school teacher and lunchroom supervisor, who sustained injuries when he tried to break up a fight between two students during a lunch period, may not maintain a civil action against his employer (and various officials) for negligence, held a U.S. District Court Judge in Minnesota. The...