Insurer Has No Duty To Defend Assault Claims, 3rd Circuit Says In Reversal

Mealey's (October 22, 2018, 1:06 PM EDT) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Oct. 17 reversed a lower court’s ruling that denied an insurer's motion for judgment on the pleadings in a coverage dispute arising from underlying assault and battery and negligence claims, finding that the lower court should not have considered whether any of the insurance policy’s exclusions or exceptions to the exclusions applied after finding no coverage (Unitrin Direct Insurance Company v. Michael Esposito, No. 17-3810, 3rd Cir., 2018 U.S. App. LEXIS 29155)....