9th Circuit Affirms Injuries Arose Out Of ‘Assault And Battery’; Coverage Limited

Mealey's (January 16, 2018, 1:51 PM EST) -- SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Jan. 12 rejected appellants’ argument that whether the injuries they suffered were the result of an "assault and battery" under a commercial general liability insurance policy is a question of fact for a jury, affirming a lower court’s ruling in favor of the insurer (The Burlington Insurance Company v. Rosa De La Puente, et al., Nos. 16-16899 and 16-16986, 9th Cir., 2018 U.S. App. LEXIS 891)....