Jimmy's Diner, Inc. v. Liquor Liability Joint Underwriting Ass'n

In March, 1989, one Preston Gardner commenced an action against the plaintiff, Jimmy’s Diner, Inc. (Jimmy’s), alleging that he had been the victim of an assault and battery at the hands of an employee of Jimmy’s. At the time of the alleged incident, Jimmy’s had a liquor liability insurance policy from the defendant, The Liquor Liability Joint Underwriting Association of Massachusetts (LLJUA). *62Jimmy’s promptly notified the LLJUA of the Gardner complaint, requesting that the LLJUA defend the claim pursuant to the policy provisions. The LLJUA declined to defend, stating that the action was not…