Assault and Battery Exclusion Includes Negligence

In Clinch v. Generali-U.S. Branch, 293 Conn. 774 (Conn., 2009), a restaurant patron claimed that the insured restaurant was negligent for failure to maintain the restaurant in a reasonably safe condition and that as a result of such negligence he was punched and struck inside the restaurant by other customers and in the insured's parking lot and suffered injuries. The patron brought an action against the restaurant's general liability insurer to recover judgment. The superior court entered summary judgment in the insurer's favor and the appellate court affirmed. The patron petitioned for certiorari review.