Acceptance Insurance v. Jedjo, Inc.

Opinion on DeclaratoRy Judgment

HUGHES, District Judge.

1. Introduction.

A patron died after two of the bar’s bouncers beat him. The patron’s parents sued the bar for intentional tort, negligent tort, and liquor law violations. The bar’s insurer refuses to defend because liability for battery and liquor are excluded in the poliey. Every claim raised in the suit stems from the bouncers’ intentional act of beating the patron. Without this battery, there would be no lawsuit. Because the negligence claims arise from the battery, the suit falls within the policy exclusions, and the insurer has no…