Punching a Person in the Face is an Excluded Intentional Act
Read the full article at https://lnkd.in/gymwEPRG and at https://zalma.com/blog and see the full video at https://lnkd.in/gTFqywxD and at https://lnkd.in/g_9GtYNY
See the full video at https://rumble.com/v1bvh2t-video-proves-excluded-intentional-act.html and at
Alphonso Williams, appealed a judgment granting the motion for summary judgment of the defendant, ANPAC Louisiana Insurance Company (“ANPAC”). The trial court dismissed plaintiff’s claims against ANPAC, finding the intentional act exclusion in the insurance policy precluded coverage for the injury caused by the insured, Christopher Hart.
In Alphonso B. Williams v. Christopher L. Hart & ABC Insurance Company, No. 54,604-CA, Court of Appeals of Louisiana, Second Circuit (July 6, 2022) the Court of Appeal looked to the video of a battery when Hart Punched Williams in the face without hesitation.
FACTS
On February 2, 2020, Alphonso Williams and Christopher Hart attended a Super Bowl event at a Holiday Inn hotel in Shreveport. At approximately 7:30 p.m., Hart violently punched Williams in the face, knocking him down. A surveillance camera recorded the incident.
At the time of the incident, Hart was insured by a homeowner’s policy issued by ANPAC. The insurance policy contains an exclusion of coverage for bodily injury “which is caused intentionally by . . . any insured, even if the resulting injury or damage is different than expected or intended. This exclusion shall not apply to an intentional act arising out of any insured’s use of lawful force to protect persons or property.”
ANPAC denied Williams’ insurance based on the exclusion.
Williams sued for damages against the defendants, Christopher Hart and ANPAC. After taking the depositions of Williams and Hart, ANPAC filed a motion for summary judgment alleging the insurance policy did not provide coverage because plaintiff’s injuries were caused by the intentional act of the insured.
The trial court granted ANPAC’S motion for summary judgment based on the policy language, the video and the applicable law. The trial court granted summary judgment in favor of ANPAC, dismissing plaintiff’s claims against ANPAC.
DISCUSSION
Summary judgment must be granted if the motion, memorandum and supporting documents show there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law.
An insurance policy is a contract between the parties and should be construed using the general rules of contract interpretation.
ANPAC submitted the surveillance video to support its position that the insurance policy did not provide coverage because plaintiff’s injuries were caused by Hart’s intentional act of hitting plaintiff. The video of the incident shows Hart approach and then punch plaintiff after a brief exchange of words.
In their briefs, plaintiff and Hart do not dispute that Hart intentionally hit plaintiff, but assert their deposition testimony creates a genuine issue of material fact as to whether Hart acted in self-defense. Hart testified in his deposition that earlier in the evening, plaintiff had bumped into him and verbally insulted him. Hart stated that at the time of the incident, he felt afraid of plaintiff because of his earlier acts at the party and the existing antagonistic relationship between the two of them.
The Court of Appeal noted that Hart’s subjective belief that force was necessary is only one of two factors which must be proved to establish a self-defense claim. In asserting self-defense, an actor must show any force used was both reasonable and apparently necessary to prevent an offense against him.
A person making a self-defense claim is required to show not only that subjectively, the force used was apparently necessary, but also that objectively, such force was reasonable under the circumstances. A person who is the aggressor cannot claim the right of self-defense unless he withdraws from the conflict in good faith.
In the video, plaintiff is seen standing in the bar area prior to the incident when Hart walks directly up to plaintiff. The video shows they briefly exchanged words and Hart then punched plaintiff in the face.
ANPAC established by the video that Hart intentionally punched plaintiff after initiating the encounter which caused plaintiff’s injuries. Additionally, the video shows plaintiff did not grab or hit Hart before being punched. The Court of Appeal concluded that the video evidence supported a finding that Hart was the aggressor who cannot claim self-defense.
Hart’s use of force was unreasonable given his initiation of the physical confrontation when he could have kept his distance if actually afraid of plaintiff. Because Hart failed to show that, objectively, his use of force was reasonable under the circumstances, plaintiff has not demonstrated a genuine issue of material fact exists as to whether Hart acted in self-defense.
The trial court’s judgment was affirmed. Costs of the appeal were assessed one-half to appellant, Alphonso Williams, and one-half to appellee, Christopher Hart.
ZALMA OPINION
Mr. Hart was unwilling to take responsibility for his wrongful acts. There was no dispute that he hit Williams in the face. The video made clear that Williams did nothing to encourage the beating. The insurance policy clearly and unambiguously excluded intentional acts. The insurer proved the punch thrown by Hart was intentional and excluded. The parties wasted their time trying to get the insurer to pay and now Mr. Hart may find he must pay from his assets whatever judgment Williams will get from the trial court for the battery.
(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected].
Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe.
Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.
Write to Mr. Zalma at [email protected];
http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/
Arsonist Tried To Represent Himself, Failed, and Sought Habeas Relief
Post number 5357
Read the full article at https://www.linkedin.com/pulse/he-who-acts-his-own-lawyer-has-idiot-client-barry-zalma-esq-cfe-d4bwc, See the full video at and at and at https://zalma.com/blog.
Karacson’s Arson for Profit Attempt Required Skill & Experience to Succeed
In Steve Ellis Karacson v. David Shaver, Warden, No. 25-1089, United States Court of Appeals, Sixth Circuit (May 20, 2026) Steve Karacson was convicted in Michigan state court of arson and insurance fraud after evidence showed he burned his own insured home. Investigators found multiple points of origin, gasoline odor, and evidence tying him to the scene, including cell-phone location data and a receipt showing he had purchased a gas can and gloves shortly before the fire.
FACTS
Karacson initially had appointed counsel, but his relationships with both appointed attorneys ...
Foolish to Repeatedly Disobey Court Orders
All That Remains For Trial Is Plaintiff’s Damages On Each Of These Claims And Establishing Proximate Causation Of Those Damages.
Post number 5348
See the full video at and at and at https://zalma.com/blog plus 5300 posts.
In Linh Wang v. Esurance Insurance Company, No. C24-0447-JCC, United States District Court, W.D. Washington, Seattle (May 1, 2026) John C. Coughenour, United States District Judge, found that throughout this case, culminating with its briefing on Plaintiff’s renewed motion and that Defendant has subjected Plaintiff to unnecessary motion practice for clearly discoverable information and made dubious representations (including to the Court).
FACTUAL BACKGROUND
This case involves an underinsured/uninsured motorist insurance bad faith claim arising from a 2017 motor vehicle collision. The plaintiff, Linh Wang, alleges that Esurance Insurance ...
The Right to Negotiate with Insurer is Not an Assignment of Claims
Post number 5347
Read the full article at https://www.linkedin.com/pulse/ambiguous-contract-repair-assignment-barry-zalma-esq-cfe-2xppc, see the full video at https://rumble.com/v79is1s-ambiguous-contract-to-repair-not-an-assignment.html and at and at https://zalma.com/blog plus more than 5300 posts.
Nebraska Requires an Actual Assignment to Allow Contractor to Sue Insurer
In Millard Gutter Company, a corporation doing business as Millard Roofing and Gutter v. Farmers Mutual Insurance Company of Nebraska, also known as Farmers Mutual Insurance, also known as Farmers Mutual, No. A-24-818, Court of Appeals of Nebraska (May 5, 2026) Millard sued Farmers as an assignee of Jane Anzalone who had hired Millard Gutter to repair the roof of her home and agreed to allow Millard Gutter to coordinate with her insurer, Farmers Mutual, concerning reimbursement for repairs authorized under her insurance policy.
FACTUAL BACKGROUND
In ...
Qui Tam Case Without Evidence to Prove Fraud Fails
Post number 5369
Read the full article at https://www.linkedin.com/pulse/qui-tam-insurer-contended-defrauded-barry-zalma-esq-cfe-pgfgc and at https://zalma.com/blog plus more than 5550 posts.
In People Of The State Of California Ex Rel. Heath & Yuen, APC v. Silver Bird Auto Leasing, LLC et al., B342847, California Court of Appeals, Second District, Eighth Division (June 5, 2026) Heath & Yuen, APC defended parties in an automobile collision case involving a McLaren and a tour van. After that case settled for $25,000, the firm filed a qui tam action under California’s Insurance Frauds Prevention Act (IFPA) against Silver Bird Auto Leasing, LLC, X-Law Group, PC, and Filippo Marchino. The firm alleged three fraudulent acts in the underlying litigation:
1. the complaint falsely stated the McLaren was making a “legal turn,”
2. respondents produced a fraudulent repair bill/estimate, and
3. respondents failed to disclose Marchino’s GEICO insurance and its payment for repairs....
Full Faith and Credit Act Controlled
Read the full article at https://lnkd.in/evHXiiFE and at https://zalma.com/blog.
Posted on June 9, 2026 by Barry Zalma
Post number 5368
Posted on June 9, 2026 by Barry Zalma
In Prime Insurance Company, Inc. v. Medicab Transportation, LLC, Jason Rhodes, and Dale Johnson v. Prime Insurance Company, Inc and Prime Property & Casualty Insurance, Inc. No. 2:24-cv-421-SPC-KRH, United States District Court, M.D. Florida, Fort Myers Division (June 3, 2026) Medicab, a paratransit company, bought two policies in 2021: a Business Auto Policy from PPCI and a Commercial Liability Policy from Prime. Both policies, as originally written, appeared to cover injuries arising from loading and unloading patients from Medicab vans.
After a patient, Margaret St. Aubin, fell while being unloaded from a van and suffered injuries, her Estate made a $1 million demand. Prime and its claims administrator concluded that the Commercial Policy’s loading/unloading language had been included by mutual mistake, because...
Full Faith and Credit Act Controlled
Read the full article at https://lnkd.in/evHXiiFE and at https://zalma.com/blog.
Posted on June 9, 2026 by Barry Zalma
Post number 5368
Posted on June 9, 2026 by Barry Zalma
In Prime Insurance Company, Inc. v. Medicab Transportation, LLC, Jason Rhodes, and Dale Johnson v. Prime Insurance Company, Inc and Prime Property & Casualty Insurance, Inc. No. 2:24-cv-421-SPC-KRH, United States District Court, M.D. Florida, Fort Myers Division (June 3, 2026) Medicab, a paratransit company, bought two policies in 2021: a Business Auto Policy from PPCI and a Commercial Liability Policy from Prime. Both policies, as originally written, appeared to cover injuries arising from loading and unloading patients from Medicab vans.
After a patient, Margaret St. Aubin, fell while being unloaded from a van and suffered injuries, her Estate made a $1 million demand. Prime and its claims administrator concluded that the Commercial Policy’s loading/unloading language had been included by mutual mistake, because...