Panel: Assault And Battery Exclusion Bars Coverage For Negligence, Assault Claims

Mealey's (October 4, 2022, 1:05 PM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 3 affirmed a lower federal court’s dismissal of a breach of contract lawsuit seeking coverage for a negligence and assault lawsuit, finding that the underlying lawsuit makes clear that the insured was “acting in the course of his employment” at a gas station convenience store when he hit a customer in the head with a metal pole....