A Massachusetts court ruled that kidnapping and rape were excluded from coverage by a CGL policy's assault and battery exclusion in Fuller v. First Financial Ins. Co., No. SJC-09677, 2006 WL 3615392 ( Mass. Dec. 14, 2006).

Jane Doe went to visit a friend at an apartment building. While entering the building, she was approached from behind by Elwood Furrowh. Furrowh put a knife to her back, forced her off the premises and to his own apartment, raped her, and tried to kill her. Doe escaped and reported the incident to the police. Furrowh was arrested and plead guilty to aggravated rape, assault by means of a dangerous weapon, assault with intent to maim, assault and battery, and kidnapping.