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EDPA's Chief Judge -- Assault Cloaked as Negligence Is Still Assault.

November 14, 2007

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In the case of <em>Essex Insurance Co. v. RMJC Inc.</em>, Essex disclaimed indemnity coverage for a claim arising out of an assault committed by the insured's bouncer. The insured argued that indemnity coverage was mandated because the underlying plaintiff was proceeding exclusively on a negligence and not assault theory. Chief Judge Bartle disagreed and held that the assault and battery exclusion barred indemnity coverage.

<a href="http://www.law.com/jsp/pa/PubArticleFriendlyPA.jsp?id=1194948244072">http://www.law.com/jsp/pa/PubArticleFriendlyPA.jsp?id=1194948244072</a>

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