Assault-and-battery exclusion
A policy exclusion that removes coverage for claims connected to assault or battery according to its wording. Whether a negligence allegation escapes the exclusion depends on the policy language and governing law.
An assault-and-battery exclusion is policy wording that may remove coverage for a claim connected to an assault or battery. The label does not tell you its full scope; the operative words and governing law do.
In Mount Vernon Fire Insurance Co. v. Creative Housing Ltd., New York’s Court of Appeals treated an exclusion for claims “based on” assault and battery as applying to a negligent-premises claim where the underlying assault was necessary to the claim. The court’s holding turns on that policy language and New York law. It is not a conclusion about every exclusion or every state.
For bars, venues, landlords, and contractors, read the endorsements—not just the declarations—before assuming general liability or liquor liability will answer a violence-related allegation. See assault-and-battery coverage for bars.
Sources
- Primary source: Mount Vernon Fire Insurance Co. v. Creative Housing Ltd. — New York Court of Appeals — Official Court of Appeals decision applying an assault-and-battery exclusion to a negligent-premises claim that depended on an underlying assault.