Graves v. Liberty Mutual Fire Insurance Co.

OPINION

FRANKS, Judge.

Plaintiffs appeal from summary judgment entered by the trial court that defendant, under the terms of plaintiffs’ homeowner’s policy, was not required to defend plaintiffs in a third party’s action for damages allegedly due to plaintiffs’ assault and battery.

The trial judge, relying on First National Bank v. South Carolina Ins. Co., 207 Tenn. 520, 341 S.W.2d 569 (1960), determined from the allegations in the third party’s action against insured that the insurer had no duty to defend that action.

The pertinent allegations of the third party's complaint are:

On or about June…