Mt. Vernon Fire Ins. v. Oxnard Hospitality etc.

Opinion

CROSKEY, J.

This appeal involves the interpretation of the term “physical contact” in an insurance liability policy’s “Assault or Battery” exclusion. Appellant, Roberta Busby (Busby), sued her employer, Oxnard Hospitality Enterprise, Inc., and others (collectively, Oxnard), for negligence after she sustained serious bodily injuries when a third party threw a glass full of a flammable liquid on her and set her on fire (underlying action). The trial court entered a $10 million stipulated judgment in Busby’s favor against Oxnard.

In the instant action, Mount Vernon Fire Insurance Company…