Credit General brought a summary judgment motionĬontending that the policy's assault and battery endorsement clearly and unambiguously precludedĬoverage to Tropix for any and all conduct arising out of an assault and battery. Had a duty to defend it against Hass' lawsuit. Tropix instituted a declaratory judgment action against Credit General arguing that Credit General Pursuant to this endorsement, Credit General refused to defend respondent against Hass' lawsuit. The policy included an attachment excluding coverageįor bodily injury or property damage arising out of an actual or threatened assault or battery. General commercial liability insurance policy. Negligent infliction of emotional distress.Īt the time of the assault, respondent Credit General Insurance Company insured Tropix under a Tropix alleging negligent supervision, hiring, training, supervision (separate count), retention, and In his suit, Hass also sought damages from David Hass filed a civil complaint against Chavez seeking damages for assault,īattery, and intentional infliction of emotional distress. He accepted a plea bargain and confessed to the lesser included offense of attemptedįirst-degree assault. Chavez was charged with first-degreeĪssault. Hass was attacked from behind and sufferedĮxtensive injuries to his face, mouth, and eye sockets. Tropix Beach night club in downtown Minneapolis. On September 27, 1994, respondent David Hass was assaulted by Brian Chavez outside the
The trial court agreed and granted summary judgment Insurance policy with Tropix clearly and unambiguously excluded any coverage for any and allĬonduct arising out of an assault and battery. Motion for summary judgment, arguing that the assault and battery endorsement contained in its Judgment action seeking a determination of whether respondent Credit General was required toĭefend it in a personal injury suit brought by respondent David Hass. Liability arising out of assault and battery.Īppellant Kabanuk Diversified Investments, Inc., d/b/a Tropix Beach Club, instituted a declaratory Liability and no part of the premiums paid by insured was specifically allocated for coverage against The assault and battery endorsement were clearly attached to the policy for general commercial The doctrines of reasonable expectations and illusory coverage do not apply where the terms of Where such claims were excluded under the unambiguous terms of insured's insurance policy.ģ. Insurer had no duty to defend insured against lawsuit for injuries arising out of assault and battery Response to the original motion for summary judgment.Ģ. Than ten days from the date of the scheduled hearing where it may reasonably be construed as a It was appropriate for the trial court to consider a cross-motion for summary judgment filed less Minneapolis, MN 55402 (for Respondent David Hass).Ĭonsidered and decided by Kalitowski, Presiding Judge, Parker, Judge, and Randall, Judge.ġ. Ellis, Messerli & Kramer, P.A., 1800 Fifth Street Towers, 150 South Fifth Street, Respondent Credit General Insurance Company).
Ashley, Johnson & Condon, P.A., 7235 Ohms Lane, Minneapolis, MN 55439 (for Theesfeld, Yost & Baill, P.L.L.P., 2350 One Financial Plaza, 120 South Sixth Street, Credit General Insurance Company, Respondent, David Hass, Respondent, Brian Chavez, Defendant.
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