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Maise v. Cat's Meow, Inc.

Court of Appeal of Louisiana, Fourth Circuit
Oct 16, 1996
683 So. 2d 846 (La. Ct. App. 1996)

Summary

holding that irrespective of the fault alleged by plaintiff, whether negligence, intentional act or otherwise, there was no coverage where the plaintiff's injuries arose out of a battery

Summary of this case from United National Insurance Co. v. Paul Mark's Inc.

Opinion

No. 96-C-1998.

October 16, 1996.

APPEAL FROM THE CIVIL DISTRICT COURT, PARISH OF ORLEANS, NO. 96-4794, STATE OF LOUISIANA, HONORABLE RICHARD J. GANUCHEAU, J.

John A. Stewart, Jr., Hulse Wanek, New Orleans, for relator Alliance General Ins. Co.

Scott R. Wheaton, Jr., Stanley J. Cohn, Lugenbuhl, Burke, Wheaton, Peck, Rankin Hubbard, New Orleans, for respondent Cat's Meow, Inc.

Gregory C. Weiss, Weiss Eason, L.L.P., New Orleans, for respondents Timothy Maise and Ricky J. Smith.

Before BYRNES, III, CIACCIO and LOBRANO, JJ.


We granted certiorari to consider relator's complaint that the trial court erred in denying its motion for summary judgment.

Plaintiffs Timothy Maise and Ricky J. Smith, Jr. sued Cat's Meow, Inc. and its insurer, Alliance General Insurance Company, for injuries received in connection with a battery inflicted upon them during an altercation at the Cat's Meow bar. Alliance General filed a motion for summary judgment, alleging that the incident complained of by the plaintiffs is excluded under the "assault and battery" exclusion of its policy. That motion was denied and Alliance General filed the instant writ application.

Relator's policy provides for the following exclusion:

1. "Claims" or "suits" to recover damages for "bodily injury" or "property damage" arising from actual or alleged "assault" and/or "battery", as herein defined, are excluded from coverage, and the Company is under no duty to defend or indemnify an insured regardless of the degree of culpability or intent and without regard to:

a. Whether the acts are alleged to be by or at the instruction or at the direction of the insured, his officers, employees, agents or servants; or by any other person lawfully or otherwise on, at or near the premises owned or occupied by the insured; or by any other person;

b. The alleged failure or fault of the insured, or his officers, employees, agents or servants, in the hiring, supervision, retention or control of any person, whether or not an officer, employee, agent or servant of the insured;

c. The alleged failure or fault of the insured, or his officers, employees, agents or. servants, to attempt to prevent, bar or halt any such conduct.

Despite the arguments to the contrary by respondents, this court has distinguished an "assault and battery" exclusion from an "intentional act" exclusion. Alvarado v. Doe, 613 So.2d 166, 171 (La.App. 4th Cir. 1992), writ denied, 614 So.2d 64 (La. 1993). We have also held that the "assault and battery" exclusion is applicable even though plaintiff's claim is based on negligence. Alvarado v. Doe, 94-2366 (La.App. 4th Cir. 4/13/95), 654 So.2d 760. See, also Kiefer v. Whittaker, 468 So.2d 587 (La.App. 4th Cir. 1985), writ denied 469 So.2d 979 (La. 1985). Therefore, irrespective of the fault alleged by plaintiffs, (whether negligence, intentional act or otherwise) in the instant case, because their injuries arose out of a battery, relator's policy provides no coverage because of its exclusion.

Accordingly, we grant relator's writ application, reverse the judgment of the trial court and enter summary judgment dismissing relator, with prejudice, from the instant suit. All costs to be paid by respondents.

REVERSED AND RENDERED.


Summaries of

Maise v. Cat's Meow, Inc.

Court of Appeal of Louisiana, Fourth Circuit
Oct 16, 1996
683 So. 2d 846 (La. Ct. App. 1996)

holding that irrespective of the fault alleged by plaintiff, whether negligence, intentional act or otherwise, there was no coverage where the plaintiff's injuries arose out of a battery

Summary of this case from United National Insurance Co. v. Paul Mark's Inc.

In Maise v. Cat's Meow. Inc., 683 So.2d 846 (La.App. 4th Cir. 1996), the Court interpreted a nearly identical endorsement when faced with whether an assault and battery provision in a liability insurance contract precluded coverage for claims against a bar arising out of an altercation at the establishments.

Summary of this case from Monticello Insurance Co. v. Hale

In Maise, the fourth circuit held that irrespective of the fault alleged by plaintiff (whether negligence, intentional act or otherwise), because the injuries arose out of a battery, the policy provided no coverage due to its assault and battery exclusion.

Summary of this case from Piligra v. Am. Best V. Inn
Case details for

Maise v. Cat's Meow, Inc.

Case Details

Full title:TIMOTHY MAISE AND RICKY J. SMITH, JR. v. CAT'S MEOW, INC., ET AL

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Oct 16, 1996

Citations

683 So. 2d 846 (La. Ct. App. 1996)

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