SEARCH

Capitol Indemnity Inc. v. Brown

An assault or battery exclusion in a general liability insurance policy applied to any claim for bodily injury arising out of an assault, not just those resulting from assaults by the insured security company's employees.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On February 14, 1999, Derrick Whiting shot James Brown, Jr., in the chest at a sports bar known as Jin’s Grill. Brown sued West Atlanta Investigations & Security, Inc. “West Atlanta”, the firm that provided security at the bar, alleging that West Atlanta’s negligent hiring, retention, training, and supervision of security guards, as well as its negligent provision of security services, proximately caused his injuries.1 The complaint sought both compensatory and punitive damages. Capitol Indemnity Corporation “Capitol”, West Atlanta’s general liability insurance carrier, subsequently filed this declaratory judgment action, asserting that its insurance policy does not cover Brown’s claims. Following discovery, Capitol moved for summary judgment. The trial court denied Capitol’s motion, but issued a certificate of immediate review. We granted Capitol’s application for interlocutory appeal, and this appeal ensued. For reasons that follow, we reverse.

Summary judgment is appropriate when the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”2 The facts in this case are largely undisputed.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

The National Law Journal Legal Awards 2024

October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

New Jersey Legal Awards 2024

October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.

Learn More

Credit Union Times Luminaries Awards 2024

November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.

Learn More

Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...

Apply Now ›

Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...

Apply Now ›

Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...

Apply Now ›