Reversing himself, a federal judge has ruled that an insurer has no duty to indemnify the owner of a strip club for a bouncer’s assault on a patron because the policy’s assault-and-battery exclusion was triggered by the bouncer’s conviction on a criminal assault charge.
Chief U.S. District Judge Harvey Bartle III of the Eastern District of Pennsylvania had previously ruled in favor of the club in Essex Insurance Co. v. RMJC Inc., declaring that a civil jury’s finding of negligence on the part of the club owner meant that the incident was covered under the policy and the insurer must cover the jury’s $350,000 award.
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