L.A. Connection v. Penn-America Insurance Co.

Marvin E. White, Jr., was shot and killed on the dance floor of plaintiff L.A. Connection, a Peoria bar, on November 11, 2001. White’s estate filed a wrongful death action against plaintiff, which tendered defense of the claim to defendant Penn-America Insurance Company (Penn). Penn declined to defend or indemnify plaintiff, primarily on the basis of an “assault and battery” exclusion contained in the commercial general liability policy issued to plaintiff. Plaintiff thereafter filed a declaratory judgment action to determine Penn’s obligations under the policy. The trial court granted…