Insured Refused to Pay Additional Premium for Assault & Battery Coverage
Post 5225
See the video at https://lnkd.in/g-h_eWr6 and at https://lnkd.in/gtcRKMiW, and at https://zalma.com/blog plus more than 5200 posts.
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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Insurer’s Exclusion for Claims of Assault & Battery is Effective
Post 5250
Read the full article at https://lnkd.in/gBzt2vw9, see the video at https://lnkd.in/gEBBE-e6 and at https://lnkd.in/gk7EcVn9, and at https://zalma.com/blog plus more than 5250 posts.
Bar Fight With Security is an Excluded Assault & Battery
In The Cincinnati Specialty Underwriters Insurance Company v. Mainline Private Security, LLC, et al., Civil Action No. 24-3871, United States District Court, E.D. Pennsylvania (December 16, 2025) two violent attacks occurred in Philadelphia involving young men, Eric Pope (who died) and Rishabh Abhyankar (who suffered catastrophic injuries). Both incidents involved security guards provided by Mainline Private Security, LLC (“Mainline”) at local bars. The estates of the victims sued the attackers, the bars, and Mainline for negligence and assault/battery. The insurer exhausted a special limit and then denied defense or indemnity to Mainline Private Security.
INSURANCE COVERAGE
Mainline had purchased a commercial ...
Marine Insurer May Dispose of Vessel to Avoid Waste
Post 5249
Read the full article at https://lnkd.in/gfn_UHdp, see the video at https://lnkd.in/gDWVccnr and at https://lnkd.in/gv9nsBqk, and https://zalma.com/blog plus more than 5200 posts.
In Western World Insurance Company v. The Estate Of Shawn Arsenault, No. 25-cv-13413-PGL, United States District Court, D. Massachusetts (December 17, 2025) the USDC was asked to resolve a marine insurance dispute after the sinking of the F/V Seahorse, a commercial fishing vessel, off Cape Cod on June 8, 2025. The vessel’s owner and operator, Shawn Arsenault, died in the incident.
Western World Insurance Company issued a hull insurance policy for the vessel. With no personal representative yet appointed for the estate, the insurer cannot determine the proper payee for the insurance proceeds.
The insurer paid for the vessel’s recovery and removal, and the vessel is now with a salvage company, incurring substantial storage fees. The insurer determined the loss is covered under the ...
Marine Insurer May Dispose of Vessel to Avoid Waste
Post 5249
Read the full article at https://lnkd.in/gfn_UHdp, see the video at https://lnkd.in/gDWVccnr and at https://lnkd.in/gv9nsBqk, and https://zalma.com/blog plus more than 5200 posts.
In Western World Insurance Company v. The Estate Of Shawn Arsenault, No. 25-cv-13413-PGL, United States District Court, D. Massachusetts (December 17, 2025) the USDC was asked to resolve a marine insurance dispute after the sinking of the F/V Seahorse, a commercial fishing vessel, off Cape Cod on June 8, 2025. The vessel’s owner and operator, Shawn Arsenault, died in the incident.
Western World Insurance Company issued a hull insurance policy for the vessel. With no personal representative yet appointed for the estate, the insurer cannot determine the proper payee for the insurance proceeds.
The insurer paid for the vessel’s recovery and removal, and the vessel is now with a salvage company, incurring substantial storage fees. The insurer determined the loss is covered under the ...
Zalma’s Insurance Fraud Letter
Read the full article at https://lnkd.in/dG829BF6; see the video at https://lnkd.in/dyCggZMZ and at https://lnkd.in/d6a9QdDd.
ZIFL Volume 29, Issue 24
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Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/
Zalma’s Insurance Fraud Letter
Merry Christmas & Happy Hannukah
Read the following Articles from the December 15, 2025 issue:
Read the full 19 page issue of ZIFL at ...
The Professional Claims Handler
Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
