Bucci v. Essex Insurance Co.

LYNCH, Circuit Judge.

Benjamin Bucci was injured in an attack outside a Portland, Maine nightclub called The Industry. In state court, he sued the club and then settled with it, taking an assignment of the club’s claims against its insurer, Essex Insurance Company (“Essex”). A stipulated judgment was entered against The Industry. Before settling with Bucci, the club had asked Essex to defend and to indemnify it; Essex declined both requests. Essex disclaimed coverage, based on an exclusion in the policy for “any claim, suit, cost or expense arising out of assault and/or battery”…