Insurer’s Exclusion for Claims of Assault & Battery is Effective
Post 5250
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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 general liability policy from The Cincinnati Specialty Underwriters Insurance Company (“CSU”), which included a specific exclusion limiting coverage for claims arising out of assault and battery to $250,000. This coverage was exhausted, and CSU sought a declaratory judgment that it was not obligated to defend or indemnify Mainline or an additional insured (Mikey II) for the lawsuits.
Claims:
The lawsuits against Mainline and the bars were based on both negligence and assault/battery. CSU argued that all claims fell within the assault and battery exclusion of the policy.
LEGAL ANALYSIS\
Policy Exclusion:
The key legal issue was whether the negligence claims in the underlying lawsuits were covered by the assault and battery exclusion in CSU’s policy. The exclusion was broad, covering not only direct assault and battery but also failures to prevent such acts, failures to provide adequate security, and negligent hiring, supervision, or training of employees involved in assault/battery, all of which were within the ambit of the exclusion.
Pennsylvania Law:
The court applied Pennsylvania law, which interprets insurance contracts according to their plain meaning and enforces clear and unambiguous language. The court found the exclusion language to be clear, unambiguous and comprehensive.
Causation Standard:
Under Pennsylvania law, “arising out of” in policy exclusions is interpreted as “but for” causation—if the injury would not have occurred but for the assault/battery, the exclusion applies.
Negligence Claims:
The court reviewed the specific negligence allegations and found that all were causally linked to the assault and battery incidents. The exclusion covered not only intentional acts but also related negligence, such as failure to provide adequate security or properly train staff.
CONCLUSION AND JUDGMENT
Summary Judgment:
The court granted summary judgment in favor of CSU, holding that all claims in the Pope and Abhyankar lawsuits fell within the assault and battery exclusion. Since the $250,000 coverage limit had been exhausted, CSU had no further duty to defend or indemnify Mainline or Mikey II.
Illusory Coverage Argument:
The court rejected this, noting that CSU was not required by law to offer the coverage and that the policy did provide coverage in other circumstances.
IMPORTANT CONCLUSIONS
Assault and battery exclusions in liability policies can encompass related negligence claims if the injuries are causally connected to assault/battery. Courts will enforce clear and unambiguous exclusion language under Pennsylvania law. Once the specified coverage limit for excluded claims is exhausted, the insurer’s duty to defend or indemnify ends.
Because all the claims in the Pope and Abhyankar lawsuits are covered by CSU’s assault and battery exclusion, CSU’s duty to defend and indemnify Mainline and Mikey II is limited to the $250,000 supplemental coverage. And because this $250,000 has been fully eroded through the payment of defense costs and settlements from other claims CSU has no duty to defend or indemnify Mainline or Mikey II for the Pope and Abhyankar lawsuits.
The $250,000 limit in coverage for these claims has been exhausted, and therefore CSU is not obligated to defend or indemnify Mainline or Mikey II in the Pope and Abhyankar lawsuits.
ZALMA OPINION
Since the first liability insurance policy was written – perhaps in clay tablets in ancient Sumeria, insurers limited the limits of the insurance to fortuitous acts, accidents. Assault and Battery causing injury are always, by definition, intentional acts. To avoid argument insurers wrote into their policies clear and unambiguous assault and battery exclusions, as did CSU. CSU provided an extra coverage agreeing to insure against claims of Assault and Battery up to $250,000 of expense and indemnity payments. Once the $250,000 was exhausted coverage stopped and the insureds are left to defend themselves and pay any judgments from their own assets.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Post number 5291
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Facts
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When There are Two Different Other Insurance Clauses They Eliminate Each Other and Both Insurers Owe Indemnity Equally
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.
Facts
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
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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.
KEY FACTS
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 ...
