Assault and Battery Exclusion

Assault and Battery Exclusion

Assault and Battery Exclusion

The exclusion removes coverage for injury arising out of assault or battery, and broader forms extend to claims of negligent hiring, supervision, or failure to provide security where the underlying injury resulted from an assault.

It is common in hospitality, bar, and habitational risks.

Alternative Names:

A&B Exclusion, Assault Battery Exclusion

Why it Matters?

The broad form is what matters, because it converts a negligent security claim against a property owner into an uncovered loss even though the owner committed no assault. That leaves premises defendants funding their own defense in exactly the category of claim most likely to produce a severe verdict. Whether the exclusion reaches derivative negligence theories is heavily litigated and jurisdiction-dependent.

Frequently asked questions

Does the exclusion bar negligent security claims?

Does the exclusion bar negligent security claims?

Broad forms extending to negligent hiring, supervision, and failure to provide security generally do, though some courts narrow them where negligence is independently pleaded.

Where is this exclusion most common?

Where is this exclusion most common?

Hospitality, bars and nightclubs, and habitational risks, which are also the accounts most exposed to negligent security claims.