Legal Opinion

Certain Interested Underwriters at Lloyds v. LeMons

Massachusetts Appeals Court

Decided June 4, 2014No. 12-P-1543Published

1Opinion of the CourtKatzmann, J.

This insurance coverage dispute arises out of an altercation that occurred in a tavern. The issue is whether, in this declaratory judgment action, a Superior Court judge properly granted summary judgment in favor of the insurer upon concluding that the assault and battery exclusion in the policy relieved the insurer from any duty to defend or indemnify the tavern. We affirm.

*401Background. On or about February 22, 2001, several unidentified people attacked and injured Raymond C. LeMons (Raymond), a defendant in this declaratory judgment action, while he was a patron of Luigi’s V, Inc., doing…

2Cases cited14 opinions

  1. Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997
  2. Trustees of Tufts University v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1993
  3. Metropolitan Property & Casualty Insurance Co. v. MorrisonMassachusetts Supreme Judicial Court · 2011
  4. Carroll v. United StatesCourt of Appeals for the First Circuit · 2011
  5. Kelly v. FigueiredoSupreme Court of Connecticut · 1992

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