Kabanuk Diversified Investments, Inc. v. Credit General Insurance Co.

OPINION

RANDALL, Judge.

Appellant Kabanuk Diversified Investments, Inc., d/b/a Tropix Beach Club, instituted a declaratory judgment action seeking a determination of whether respondent Credit General was required to defend it in a personal injury suit brought by respondent David Hass. Credit General brought a motion for summary judgment, arguing that the assault and battery endorsement contained in its insurance policy with Tropix clearly and unambiguously excluded any coverage for any and all conduct arising out of an assault and battery. The trial court agreed and granted summary judgment in…