Florida Third District Court Issues Opinion Regarding Sierra Auto Center Vs. Granada Insurance
Not final until disposition of timely filed motion for rehearing.
An Appeal from the
Before FERNANDEZ, LINDSEY and GORDO, JJ.
GORDO, J.
EXCLUSION - ASSAULT AND BATTERY
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Section I - Coverages
Coverage A.
2. Exclusions
The following is added as an Exclusion.
This insurance does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of or resulting from:
(a) any actual, threatened or alleged assault or battery;
(b) the failure of any insured or anyone else for whom any insured is or could be held legally liable to prevent or suppress any assault or battery; or
(c) the negligent:
(i) employment;
(ii) investigation;
(iii) supervision;
(iv) training;
(v) retention;
of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) or (b) above; (d) any other cause of action or claim arising out of or as a result of (a), (b), or (c) above . . .
After Sierra sought coverage, Granada filed a declaratory judgment action requesting a declaration that it had no obligation under the policy to defend or indemnify Sierra for claims brought by the injured patron in the underlying negligence action because the claims stemmed from the battery that occurred on its premises. Granada moved for summary judgment based on the assault and battery exclusion. The trial court granted summary judgment.
We review the grant of summary judgment de novo. Wilshire Ins. Co. v.
"The general rule is that an insurance company's duty to defend an insured is determined solely from the allegations of the complaint against the insured." Id. at 57 (citations omitted). "[I]f the pleadings show the applicability of a policy exclusion, the insurer has no duty to defend." Id. (citations omitted).
The policy specifically excluded from coverage any bodily injury "arising out of or resulting from" an actual battery, failure to prevent the battery and related negligence claims. "The term 'arising out of' is broader in meaning than the term 'caused by' and means 'originating from,' 'having its origin in,' 'growing out of,' 'flowing from,' 'incident to' or 'having a connection with.'"
It is well-established precedent that where the claimant's injuries arise out of or result from a physical altercation, an assault and battery exclusion--such as the exclusion in the Granada policy--bars coverage for the claim against the insured. See Poinciana, 151 So. 3d at 57 ("[B]ecause the contract expressly provides claims arising out of battery, including negligence, are not covered, we reverse the order finding a duty to defend . . .");
Accordingly, we conclude the trial court correctly entered summary judgment in favor of Granada.
Affirmed.
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