News & Analysis as of

Battery Assault

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

Robins Kaplan LLP

Don’t Shoot The Messenger

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Examining the Applicability of Liability Policy Exclusions to Shooting Incident-Related Claims - Shootings, both on an individual and large-scale level, have become a growing reality in the United States in recent years. In...more

Carlton Fields

Third Circuit Holds Assault or Battery Exclusion Bars Coverage for Sex Trafficking Claims

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In Nautilus Insurance Co. v. Motel Management Services Inc., the Third Circuit Court of Appeals held that a commercial general liability policy’s assault or battery exclusion barred coverage for claims involving alleged sex...more

Goldberg Segalla

Coverage Issues Arising Out of Assault and Battery Claims

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Join Goldberg Segalla's Christian A. Cavallo and Elizabeth A. McBride for a free and interactive webinar discussing common coverage issues arising from assault and battery claims, and the ways in which courts have addressed...more

Law School Toolbox

Law School Toolbox Podcast Episode 288: Listen and Learn -- Assault and Battery (Torts)

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Welcome back to the Law School Toolbox podcast! Today, we're discussing the elements of two intentional torts - namely, assault and battery. We also cover specific scenarios demonstrating when these torts can occur. In this...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 103: Listen and Learn –- Assault and Battery

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Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review a substantive area of the law and apply the rules to fact patterns. This time, we're focusing on...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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Second Circuit Finds Coverage Where Insurer Unreasonably Delayed In Seeking Rescission and Its Exclusions Did Not Apply WW Trading was sued and sought coverage from United States Liability Insurance Company (USLI) which...more

Constangy, Brooks, Smith & Prophete, LLP

Six Legal Traps For "Red State" Employers

Even if your state is "easy," don't relax. It seems like all we ever read about is those more activist "blue states" -- California, Illinois, Massachusetts, New Jersey, New York . . . If you're an employer in a more...more

Maynard Nexsen

A Bar, an Injury, an Assault & Battery Exclusion and Coverage

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In this space alone, there has been a plethora of cases in which coverage was denied based upon an assault and battery exclusion of a commercial general liability (CGL) policy. Recently, in a per curium opinion, the Court of...more

Butler Weihmuller Katz Craig LLP

Assault And Battery Exclusion In Florida - Dead Or Alive?

A lawsuit filed by Danielle Roland against Klub Kutter’s Bar & Lounge alleged that on September 6, 2015, Roland was a “business invitee” at Klub Kutter’s in Fort Lauderdale, Florida....more

Maynard Nexsen

Assault and/or Battery Exclusions - Is the Chain of Events "Immediate and Direct?"

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Any regular reader has seen a number of articles here regarding assault and/or battery exclusions of insurance policies. These exclusions are commonly part of commercial general liability (“CGL”) and liquor liability...more

Fisher Phillips

New York Court Says Retailer Not Responsible For Unforeseeable Violence Against Patron

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A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more

King & Spalding

Human Rights Considerations & Best Practices for Energy Companies

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International human rights laws and norms are increasingly playing a role in shaping how energy companies conduct their business all over the world. Shareholders increasingly demand compliance with human rights norms;...more

Maynard Nexsen

Another Assault – Another Exclusion

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2017 is steadily becoming the year of the assault in South Carolina. Founders Insurance Company v. John Hamilton a/k/a Jim Hamilton, individually and d/b/a Aces High Club, Aces High Club and Kenneth Weatherford, 2017 WL...more

Maynard Nexsen

When an Assault Really Is an Assault... A Sequel

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Jesse Bass was a guest at Henry’s Sports Bar in December 2012, when the bouncer struck him in the head with such force that he was knocked unconscious and suffered serious brain injury. Bass brought an action against Henry’s,...more

Maynard Nexsen

When an Assault is not an Assault - Covered Up: SC District Court Denies Exclusion for Alleged Nightclub Assault and Battery

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In a recent United States District Court decision, the court denied the insurer’s motion for summary judgment as to its duty to defend and indemnify for an alleged assault and battery. The facts of Certain Underwriters at...more

Fisher Phillips

When Employees Solve Problems With Their Fists

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Generally speaking, human resources professionals and business executives have become quite adept at dealing with employee claims for illegal harassment. For example, just about any HR manager can provide a definition of a...more

Cranfill Sumner LLP

Performance Evaluations Support Negligent Supervision and Retention Claim Against University Employer, Says Court

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In Wilkerson v. Duke University and Christopher Day, plaintiff sued Duke and Day for a laundry list of civil torts including false imprisonment, infliction of emotional distress, assault, battery and negligent supervision and...more

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