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Kavanagh, Breen and Taylor Obtain Summary Judgment on Assault & Battery Exclusion

January 9, 2017

Kevin Kavanagh (Partner-Philadelphia), Brian Breen (Of Counsel-Philadelphia) and Robert Taylor (Associate-Philadelphia) defended the carrier when an insured restaurant owner was alleged to have been negligent by failing to take appropriate steps to protect a customer who was attacked by another customer, despite knowledge of prior incidents. The owner requested a defense and indemnification from the carrier. Kevin, Brian and Rob recommended denial of coverage based on the Assault and Battery Exclusion contained in the policy. Thereafter, the insured filed a complaint seeking a declaratory judgment that the carrier owed coverage for the claim. The team filed a motion for summary judgment arguing the exclusion precludes coverage for the underlying negligence claims against the insured because the alleged injuries were the result of an assault and battery.  The court agreed and granted their motion for summary judgment, dismissing the insured's declaratory judgment complaint.  

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