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Commercial General
Liability |
Liquor Liability Coverage |
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Assault And Battery
Exclusion |
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United National insurance
Company (United) had issued a liquor liability policy to CCP Company, Inc.
(CCP). It excluded coverage for injuries resulting from assault and battery
"caused by or at the instigation of, or at the direction of, or omission
by, the Insured and/or his employees." Rhonda and Brian Peters alleged
that they were injured as a result of an attack that occurred outside the
Sports Bar and Grill owned by CCP. The complaint asserted that CCP had
negligently failed to provide security for the patrons and had negligently distributed,
served, or sold alcoholic beverages to intoxicated patrons and minors.
United denied liability. A
default judgment was entered in favor of Brian Peters for $34,000, and for his
wife for $8,034. CCP assigned all of its rights under the United policy to
Brian and Rhonda Peters. They then filed this action against United for a
declaratory judgment that the policy covered the damages in the assault. The
trial court granted summary judgment in favor of United and this appeal
followed.
The appellate court agreed
that United's policy did not cover the claims asserted by the Peters'
complaint. The policy plainly stated it would cover injuries sustained "by
reason of the selling, serving or giving of any alcoholic beverage at or from
the insured premises." It clearly excluded assault and battery.
The court ruled that the
exclusion barred any recovery and that it was enforceable. The summary judgment
entered in favor of United was affirmed.
Rhonda A. Peters et al. v. United
National Insurance Company-No. 99-P-1168-Appeals Court of Massachusetts,
Suffolk-February 15, 2002-762 North Eastern Reporter 2d 881