 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Graves v. CMC8/16/2005
Submitted: July 20, 2005
Before STEELE, Chief Justice, BERGER and JACOBS, Justices.
ORDER
This 16th day of August 2005, on consideration of the parties' briefs, it appears to the Court that:
1. Joshua Graves appeals from an order of the Superior Court granting summary judgment in favor of Appellee Regis Insurance Company. Graves challenges a Superior Court judge's holding that Regis's insurance policy covering CMC Inc., t/a Froggy's Bar & Grille, explicitly excluded Graves's personal injury claim arising from Regis's insured's employee's assault on Graves. Because the policy unambiguously excludes coverage for damages resulting from assault and battery, we find that the trial judge properly granted summary judgment. Accordingly, we affirm.
2. In March 2004, Regis sought a declaratory judgment that it was not required to defend or indemnify its insured, Froggy's, in an underlying tort action Graves brought against Froggy's. In that action, Graves sought damages for injuries he suffered as a result of a fight between two people outside of Froggy's. Although Graves was not involved in the fight, a Froggy's bouncer jumped on his back and injured him. In his complaint, Graves claimed that Froggy's had negligently trained the bouncer.
3. Regis insured Froggy's under a liability insurance policy. The policy was in effect when the assault occurred. After Froggy's notified Regis of Graves's complaint, Regis defended Froggy's under a full reservation of rights. Regis then filed a declaratory-judgment action in the Superior Court to resolve whether its policy covered Graves's underlying tort claim. Regis moved for summary judgment, and the trial judge granted that motion, holding that the policy's "Assault and Battery Exclusion Endorsement" excluded coverage for claims of personal injury arising from assault and battery. Graves appeals from the order granting summary judgment.
4. Under the policy, Regis has the duty to defend and indemnify Froggy's for any claim for personal injury or property damage arising out of an "occurrence." The policy defines the term occurrence as "an accident . . . which results in bodily injury or property damage neither expected or intended from the standpoint of the insured." The policy also contains an additional endorsement, titled "Broad Form Comprehensive General Liability Endorsement." Section XI of the Endorsement expands the definition of "occurrence" to include "any intentional act by or at the direction of the insured which results in bodily injury, if such injury arises solely from the use of reasonable force for the purpose of protecting persons or property."
5. The policy also includes an exclusion for certain tortious conduct. Titled "Assault and Battery Exclusion and Coverage Deletion Endorsement," it provides that:
Actions and proceedings to recover damages for "bodily injury " or "property damage" or "personal injury" arising, in whole or part, from the following are excluded from coverage and the Company is under no duty to investigate, defend or indemnify an insured in any action or proceeding alleging such causes of action and damages:
1. Assault and Battery or any actor omission in connection with the prevention, suppression, or result of such acts;
This exclusion applies regardless of the degree of culpability or intent without regard to:
B. The alleged failure of the insured or his officers, employees, agents or servants in the hiring, supervision, retention, or control of any person, whether or not an officer, employee, agent, or servant of the insured.
The A&B Exclusion further provid
Page 1 2 Delaware Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|