Tressler Attorneys Timothy Jabbour and Jennifer Dancy Successfully Represent Insurer in Decision Affirming Applicability of Assault-and-Battery Exclusion
Tressler attorneys Timothy Jabbour and Jennifer Dancy successfully represented Acceptance Indemnity Insurance Company (“AIIC”) in a case concerning the applicability of an assault-and-battery exclusion within the AIIC policy which barred coverage for claims alleging bodily injury arising out of a shooting at a bar in downtown St. Louis.
"We are extremely pleased with the result for our client and with the Eighth Circuit’s affirmance of the applicability of the assault-and-battery exclusion barring coverage under AIIC’s policy,” said Tim Jabbour, partner and member of Tressler’s Executive Committee.
In an attempt to recover a $2.5 million judgment award, the shooting victim filed a garnishment action against AIIC and the bar owner. Tressler, on behalf of AIIC, successfully removed the garnishment action to federal court and filed a motion to dismiss based on the assault-and-battery exclusion in the commercial general liability policy issued by AIIC to the bar owner. U.S. Magistrate Judge Shirley Padmore Mensah agreed with the arguments advanced by AIIC and dismissed the garnishment action, prompting the bar owner and shooting victim's to appeal the dismissal to the Eighth Circuit Court of Appeals. Following extensive briefing and oral argument, the Eighth Circuit agreed with AIIC’s arguments and affirmed the District Court’s opinion that AIIC need not cover the $2.5 million judgment awarded to the victim of the bar shooting, finding that the assault-and-battery exclusion in the AIIC Policy clearly applied to relieve the carrier of its obligations.
The Eighth Circuit panel concluded that the bar owner’s negligence was not independent and distinct from the excluded assault and battery. Furthermore, the Eighth Circuit said that the language in the relevant assault and battery exclusion in AIIC 's policy, clearly barred coverage for "any" bodily injury arising from an assault and battery.
"Given the expansive meaning of the term 'any' and the lack of other limiting language, we disagree with the shooting victim that the exclusion applies only where the assault or battery was committed by the insured or the insured's employees," U.S. Circuit Judge Bobby E. Shepherd wrote for the panel.
Congratulations to Tim and Jenny on this amazing victory!
Click here to read the Eighth Circuit Court of Appeals' opinion.
About Timothy Jabbour
Timothy Jabbour is a member of Tressler's three-person Executive Committee and Managing Partner of Tressler's New Jersey office. His practice focuses on the representation of foreign and domestic insurers in both state and federal courts. Tim has nearly 20 years of experience litigating defense matters and complex insurance coverage disputes in New Jersey and across the country. His extensive litigation experience includes handling complex coverage and defense matters across various lines including property/casualty, complex pollution/toxic tort, professional liability, products liability, employment practices liability, cyber/privacy liability, aviation and marine
About Jennifer Dancy
Jennifer Dancy is senior counsel in the Litigation Practice Group. She focuses her practice on general defense litigation, personal injury, constitutional torts, local government law issues, transportation, property damage, insurance coverage and employment law. Jenny relies upon her vast courtroom, deposition, motion practice, discovery and appellate experience to handle all aspects of litigation. She has effectively litigated cases in counties throughout Missouri and Texas as well as in various federal and appellate courts. Jenny has had positive outcomes through alternative dispute resolution, including mediation and has also had many successful dispositive motions in both state and federal courts.
About Tressler LLP
Tressler LLP is a national law firm headquartered in Chicago, with eight offices located in five states - California, Illinois, New Jersey, New York and Pennsylvania. Tressler attorneys are experienced counselors and advocates who appear in state and federal courts, and in governmental proceedings, throughout the United States. Many Tressler attorneys devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, claims management and reinsurance. Tressler attorneys also represent clients in commercial litigation, employment, local government law, corporate transactions and intellectual property law. Contact us to learn more.