Insured Refused to Pay Additional Premium for Assault & Battery Coverage
Post 5225
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Exclusion for Assault & Battery Enforced
In Golden Bear Insurance Company v. The Levee Bar & Grill, LLC et al., No. 4:24-CV-00764-DGK (W.D. Mo. Nov. 7, 2025) the bar was sued because of an assault and battery by an intoxicated patron and sought defense and indemnity from its insurer. Golden Bear (GB) denied the claim because of an assault and battery exclusion in its policy.
FACTUAL BACKGROUND
Underlying Incident and Lawsuit:
On or about an unspecified date in 2024, Defendant Adrian Hubbard (“Hubbard”), a patron at The Levee, became intoxicated after being overserved alcohol. He was removed from the bar without incident but later engaged in a brief altercation outside, bumping a female security guard. An unknown employee of The Levee (“John Doe”), perceiving a threat to himself or the guard, struck Hubbard in the head, causing him to fall and strike his head on the pavement, resulting in injuries.
Underlying Claims:
Hubbard filed suit against The Levee and John Doe in Jackson County, Missouri Circuit Court on May 20, 2024 (initial petition), alleging negligent overservice of alcohol and removal. An amended petition filed October 3, 2024, added claims of: (1) negligent supervision/training of John Doe (who allegedly had a proclivity for excessive force, which The Levee condoned); and (2) negligence in John Doe’s use of unreasonable force while acting within the scope of employment.
Coverage Denial:
The Levee tendered the claim to GB Insurance on June 26, 2024, and again after the amendment. GB Insurance denied coverage both times, citing the Exclusion.
Insurance Policy:
Plaintiff Golden Bear Insurance Company (“GB Insurance”) issued a Commercial General Liability policy to Defendant The Levee Bar & Grill, LLC (“The Levee”) for the period January 18, 2023, to January 18, 2024. The policy includes an “Assault and Battery Exclusion” (the “Exclusion”) that bars coverage for bodily injury arising from enumerated acts, allegations, or causes of action, including assault and battery. It contains a “Separation of Insureds” provision, treating coverage for each insured separately as if they were the sole insured.
PROCEDURAL HISTORY
GB filed this federal declaratory judgment action under 28 U.S.C. § 2201, seeking a declaration of no duty to defend or indemnify The Levee in the underlying lawsuit due to the Exclusion. The court stayed the underlying action pending resolution.
GB Insurance moved for judgment on the pleadings.
Issues
1 Does the Exclusion preclude coverage for the underlying claims?
2 Is the Exclusion void as against Missouri public policy, which favors self-defense?
ANALYSIS
To succeed on a motion to dismiss the movant must show no material factual issues remain and entitlement to judgment as a matter of law.
Applicability of Exclusion:
Defendants did not contest GB Insurance’s argument that the Exclusion bars coverage for the underlying tort claims (negligent supervision/training and negligence arising from the alleged assault). This constitutes waiver.
Exclusion Not Void Against Public Policy:
Defendants argued the Exclusion violates Missouri’s policy favoring self-defense (citing a carve-out for “reasonable force to protect persons or property”), entitling coverage for John Doe’s alleged defensive act. The court rejected this as “borderline frivolous,” unsupported by caselaw.
Distinction Between Defenses and Coverage:
Self-defense is a valid criminal/civil defense insulating from liability, but it does not mandate insurance coverage for intentional/excluded conduct. These are separate issues.
Contract Interpretation:
Missouri courts will not rewrite policies to create unagreed coverage. The Levee could have purchased optional assault/battery coverage (at extra premium) but did not. Enforcing the Exclusion upholds freedom of contract and is not against public policy.
HOLDING
The motion was granted. GB Insurance had no duty to defend or indemnify The Levee (or any insured) in the underlying lawsuit because the Exclusion applies without material factual dispute. The Exclusion is enforceable.
CONCLUSION
The court declared the Exclusion applies, absolving GB Insurance of defense/indemnity duties.
ZALMA OPINION
Insurance policies limit the risks that the insurer is willing to take. When insuring a bar insurers are usually concerned with the liability of the bar for injuries to third parties due to the intoxication of patrons and the actions of staff to quell disputes between intoxicated persons. GB offered the insured coverage for assault and battery at a higher premium which the insured rejected and opted for the policy with the exclusion and took their chances. When sued the bar attempted to change the policy wording to obtain coverage for which they did not pay a premium only to find itself responsible individually for the costs of defense and indemnity.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Post number 5291
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Post number 5289
In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.
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Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million ...
Opiod Producer Seeks Indemnity from CGL Insurers
Post number 5288
Read the full article at https://lnkd.in/guNhStN2, see the full video at https://lnkd.in/gYqkk-n3 and at https://lnkd.in/g8U3ehuc, and at https://zalma.com/blog plus more than 5250 posts.
Insurers Exclude Damages Due to Insured’s Products
In Matthew Dundon, As The Trustee Of The Endo General Unsecured Creditors’ Trust v. ACE Property And Casualty Insurance Company, et al., Civil Action No. 24-4221, United States District Court, E.D. Pennsylvania (February 10, 2026) Matthew Dundon, trustee of the Endo General Unsecured Creditors’ Trust, sued multiple commercial general liability (CGL) insurers for coverage of opioid-related litigation involving Endo International PLC a pharmaceutical manufacturer.
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Beginning as early as 2014, thousands of opioid suits were filed by governments, third parties, and individuals alleging harms tied to opioid manufacturing and marketing.
Bankruptcy & Settlements
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Passover for Americans
Posted on February 19, 2026 by Barry Zalma
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lost the ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah. Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and wonder how did all these wonderful things come into being. Jews believe the force we call G_d created the entire universe and everything in it. Jews feel G_d is all seeing and knowing and although we can’t see Him, He is everywhere and in everyone.We understand...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/passover-americans-barry-zalma-esq-cfe-5vgkc.
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lostthe ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah.
Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and ...
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Post number 5275
Posted on January 30, 2026 by Barry Zalma
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When Experts for Both Sides Agree That Two Causes Concur to Cause a Wall to Collapse Exclusion Applies
In Lido Hospitality, Inc. v. AIX Specialty Insurance Company, No. 1-24-1465, 2026 IL App (1st) 241465-U, Court of Appeals of Illinois (January 27, 2026) resolved the effect of an anti-concurrent cause exclusion to a loss with more than one cause.
Facts and Background
Lido Hospitality, Inc. operates the Lido Motel in Franklin Park, Illinois. In November 2020, a windstorm caused one of the motel’s brick veneer walls to collapse. At the time, Lido was insured under a policy issued by AIX Specialty Insurance Company which provided coverage for windstorm damage. However, the policy contained an exclusion for any loss or damage directly or indirectly resulting from ...
