Assault And Battery Exclusion Bars Coverage In Suit Over Shooting, Majority Affirms

(August 23, 2019, 1:00 PM EDT) -- CINCINNATI — A majority of the Sixth Circuit U.S. Court of Appeals on Aug. 22 affirmed a lower federal court’s ruling that an insurance policy’s assault and battery exclusion bars coverage for underlying claims that a nightclub owner insured’s failed to protect six people from a foreseeable harm, further concluding that the lower court did not abuse its discretion in exercising jurisdiction over the lawsuit pursuant to the Declaratory Judgment Act (United Specialty Insurance Company v. Cole's Place, Inc., No. 18-5545, 6th Cir., 2019 U.S. App. LEXIS 25064)....

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