Insurer has no Obligation to Pay More than an Aggregate Limit of LiabilityPost 4702Denis Mucha sustained injuries after he was assaulted by employees at defendant MDF 92 River Street, LLC d/b/a Wild Moose Saloon and The Birch (MDF) (the bar) in Hoboken, New Jersey while a patron. Plaintiff Watford Specialty Insurance Company (Watford) insured MDF. Watford filed a declaratory judgment action seeking a declaration that its obligation to provide insurance coverage to MDF arising out of Mucha's lawsuit were satisfied under its endorsement for assault and battery claims, and Watford's $1,000,000 limit of liability had been exhausted.The Court of Appeal concluded that the trial court's decision was correct when if awarded Watford summary judgment.ZALMA OPINIONWatford lived up to its mistake to insure the bar against assault and battery and paid out its policy limit of $1,000,000 to five different victims of the insured's bouncers. Adding insult to the injury, Mr. Mucha tried to get around the assault and battery limit by claiming he was wrongfully evicted from the premises to obtain access to a different policy limit. The trial failed since throwing him down a flight of stairs was a clear battery and fit within the limit.(c) 2023 Barry Zalma & ClaimSchool, Inc.Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.Subscribe to my substack at https://barryzalma.substack.com/publish/post/107007808Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01Go to the Insurance Claims Library – http://zalma.com/blog/insurance-claims-library.
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