California Court of Appeal

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Mt. Vernon Fire Insurance Corporation v. Oxnard Hospitality Enterprise, Inc., B244569

Summary judgment for plaintiff-insurer in an action brought by plaintiff against defendant-insured, for a declaratory judgment that it had no duty to indemnify defendant nor to pay any claim of defendant's employee or her minor children arising from an incident where a third party threw a glass full of a flammable liquid on the employee and set her on fire while on defendant's premises, is affirmed, where: 1) the term "battery," as used in the "Assault or Battery" exclusion of the insurance policy, is defined as "physical contact with another without consent"; 2) such definition does not require a direct "body-to-body" contact; 3) instead, it necessarily includes a striking or touching as occurred in this case; and therefore, 4) the insurance policy at issue here does not provide coverage for defendant's employee's damages.

Appellate Information

  • Decided 09/16/2013
  • Published 09/16/2013

Judges

  • CROSKEY

Court

  • California Court of Appeal

Counsel