Capitol Indemnity, Inc. v. Brown
Court of Appeals of Georgia
1Concurring in part, dissenting in partBarnes, Judge
Because I cannot agree that the Assault and Battery and Punitive Damage Exclusions upon which Capitol relies apply to the Errors and Omissions/Professional Liability Coverage Endorsement (“E & O Coverage”), I must respectfully dissent. Although I concur in the majority’s holding that the Assault and Battery Exclusion is sufficient to exclude coverage for Brown’s damages under the Commercial General Liability Coverage Part and that the exclusion extends to assaults by individuals other than West Atlanta employees, extending the Assault and Battery Exclusion and the Punitive Damages Exclusion…
2Cases cited5 opinions
- Claussen v. Aetna Casualty & Surety Co.Supreme Court of Georgia · 1989
- Kusuma v. Metametrix, Inc.Court of Appeals of Georgia · 1989
- Board of Regents of University System v. A. B. & E., Inc.Court of Appeals of Georgia · 1987
- Holtzclaw v. City of DaltonCourt of Appeals of Georgia · 1988
- Swisshelm v. Department of Human ResourcesCourt of Appeals of Georgia · 2002