U.S. District Court – Assault And Battery Exclusion

In Tudor Insurance Company v. Ryan's Pub, LLC et al, the insurer sought a declaratory order concerning its coverage obligations to its insured, for whom it was providing a defense in connection with a pending action stemming from a shooting that occurred on the insured's premises. Specifically, the insurer sought an order that any available coverage for the underlying action under the applicable policy was limited to the $300,000 limit set forth in the policy's Assault and Battery Coverage Endorsement. The defendants argued that the declaratory judgment action was not ripe because it had not yet been established in the underlying action if the shooter acted intentionally, recklessly, or negligently. Relatedly, the defendants argued that if the shooter acted negligently, the Assault and Battery Coverage Endorsement would not apply because assault and battery cannot be established through mere negligence. The Court rejected these arguments and explained that assault and