Chris Richardson (Partner-Las Vegas, NV) secured summary judgment in the Eighth Judicial District Court, Las Vegas, on behalf of Wilson Elser’s insurance broker client. The plaintiff, a security guard firm with armed and unarmed personnel, hired our client and its agent in August 2021 to obtain general liability and premises liability insurance in connection with the plaintiff's licensure with the State of Nevada Private Investigators Licensing Board. Prior to obtaining the policy, our client sent the plaintiff an email notifying him of the receipt of a proposal for General Liability coverage from an insurance carrier and providing information regarding the premium amount and coverage limits. The policy was bound and then renewed for the following year. Each policy contained an Assault and Battery Exclusion under endorsement which provided: "This insurance does not apply to any claim or 'suit' for 'bodily injury,' 'property damage' or 'personal and advertising injury' arising out of, related to, or, in any way involving any actual or alleged assault, battery, harmful or offensive contact, or threat, whether provoked or unprovoked." This exclusion was expressly listed in the quote documents and the issued policy’s schedule of forms, ensuring the insured had notice of the exclusion. The assault and battery exclusion was also discussed during the policy placement process, during the 2022 renewal, and in email communications.

Following the second renewal, the plaintiff’s security guard shot a third party. The victim sued the plaintiff, but the plaintiff’s insurer disclaimed coverage for the lawsuit based on the policy’s assault and battery exclusion. The plaintiff ultimately entered a stipulated judgment with the victim in the amount of $500,000.
 
The plaintiff subsequently filed suit against our client, asserting: (1) breach of contract; (2) deceptive trade practices under NRS 598.0923; (3) breach of the covenant of good faith and fair dealing; (4) fraudulent misrepresentation; and (5) negligence. All claims were premised on the allegation that our client failed to disclose the policy’s assault and battery exclusion before binding coverage. Chris moved for summary judgment, arguing that the undisputed documentary evidence established plaintiff’s actual or constructive notice of the exclusion as a matter of law. Specifically, the evidence showed that the plaintiff received the policy containing the clearly stated exclusion; the exclusion was expressly identified in the quote documents and policy schedule of forms; Nevada law imposes a duty on insureds to understand their policy terms; and the plaintiff acknowledged and accepted those terms, including during the 2022 renewal process when the exclusion was again prominently disclosed. Based on these undisputed facts, the court granted summary judgment in our client's favor on all claims.