Essex Insurance Co. v. Fieldhouse, Inc.

ANDREASEN, Justice.

This action arises from a dispute between a liability insurer and its insured. The insurer sought a declaratory judgment that it had no obligation to defend or indemnify its insured in a personal injury action because the allegations of the plaintiffs complaint in the underlying suit fell within a policy exclusion for assault and battery. In opposition, the insured contended the exclusion was neither factually applicable nor legally effective. The district court granted the insurer’s motion for summary judgment on the basis of the exclusion, finding no duty to defend or…