Comments on the Assault and Battery Exclusion
September 5, 2016
Kinsale Insurance Company brought an action seeking a declaration that its insurance policy did not require it to defend or indemnify an insured in a lawsuit arising from an alleged battery. This case is Kinsale Insurance Company v. Mojoes of Joliet, 2016 WL 3075097.
Mojoes owns, operates, manages, and maintains an entertainment facility and bar in Joliet. At all times relevant to the complaint, Saunders was employed by Mojoes as a security guard. Kiebles was in the bar one night when Saunders allegedly used physical force and violence to remove Kiebles from the bar, and then continued to assault and batter him on the public walkway outside of Mojoes.
Kiebles suffered severe injuries and sued Mojoes and Saunders. Mojoes sought coverage under its policy with Kinsale Insurance Company. The insurer denied coverage based on the assault and battery exclusion and filed this declaratory judgment action.
The United States District Court for the Northern District of Illinois noted that the assault and battery exclusion provided that the insurance did not apply to any claim or lawsuit for bodily injury arising out of, related to, or in any way involving any actual or alleged assault, battery, harmful or offensive contact or threat caused by or at the instigation, instruction, direction, or due to the negligence of the insured or its employees. According to the insurer, this exclusion precludes coverage in this instance.
The court said that the assault and battery exclusion is very broad and specifically precludes coverage of claims for bodily injury related in any way to an alleged battery. The court also found that the exclusion prevents coverage of any claim that bodily injury was caused in an assault or battery due to the negligent hiring, employment, training, supervision, or retention of any employee of the insured. The court found that no insured offered any reason why the assault and battery exclusion should not be enforced under the facts in this case.
Therefore, the court concluded that the assault and battery exclusion applies to the claims alleged in the underlying lawsuit. The insurer was entitled to a declaration that it is not required to defend Mojoes or Saunders against any claims or to indemnify them for any settlements or judgments resulting therefrom. Summary judgment was granted in favor of Kinsale.
Editor's Note: This case is presented as an analysis of the assault and battery exclusion. The U.S. District Court listed court rulings from both federal and state courts on the interpretation of the assault and battery exclusion in support of its decision to apply the exclusion.