Catlin Specialty Insurance Group v. RFB, Inc. (Lawyers Weekly No. 002-155-17, 7 pp.) (Richard Mark Gergel, J.) 2:16-cv-03135; D.S.C.
Holding: A bar patron who was allegedly assaulted and battered by a bouncer sued the defendant-bar for negligence in hiring and supervising the bouncer. Despite the creative pleading of the patron’s lawyers, his claim arises out of assault and battery and is thus subject to the $25,000 assault and battery sublimit in the bar’s $1,000,000 commercial general liability policy.
The court grants the plaintiff-insurer’s motion for summary judgment and declares that, under the assault and battery endorsement of the parties’ CGL policy, plaintiff is not obligated to indemnify the bar for any amount above $25,000 with respect to the claims in the patron’s underlying litigation.