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Beating an Employee With a Pistol for Four Hours is Excluded  State Farm Fire and Casualty Company filed a motion for summary  Judgment, arguing that it owed no duty to defend or indemnify  defendants, Hamdallah, L.L.C., et al. ("the LLCs"), against the claims  asserted by plaintiff, Nixon Calix. The trial court granted for summary  judgment and dismissed all claims against State Farm with prejudice.  In Nixon R. Calix v. Ideal Market # 6, Hamdallah, L.L.C., Kaki And Son,  LLC, Hamdallah Hasan "Mario" Kaki, Muwafak "Mike" Kaki, Monadel "Cory"  Elbarqa, Nofal "George" Haifa John Does 1-4, El Cortez Foods, LLC, And  ABC & XYZ Insurance Company, No. 21-CA-555, Court of Appeals of  Louisiana, Fifth Circuit (July 13, 2022) explained the right to rely on a  clear and unambiguous exclusion.

FACTS  On May 28, 2015, Nixon Calix sued for damages against Ideal Market #6,  and others, alleging that while employed at Ideal Market #6, he was  assaulted and battered by fellow employees who also threatened his life.  The Intentional Beating  According to the facts alleged Mr. Calix was an employee in the meat  department at Ideal Market #6, where Mario Kaki, Mohammad Kaki, and  Muwafak Kaki were also employed in managerial capacities. Mohammad Kaki  and Cory Elbarqa transported Mr. Calix to 2309 L & A Road. There,  Mr. Calix was accused of stealing meat from Ideal Market #6 and was  "subjected to a violent physical assault and/or battery" by Mario Kaki,  Mohammad Kaki, and Cory Elbarqa. Mario Kaki brandished a firearm,  pointed it at Mr. Calix, and threatened to kill him if he did not  confess to the alleged theft. When Mr. Calix refused to confess, Mario  Kaki used the firearm as well as his fists and legs to beat Mr. Calix\'s  head, face, and body for approximately four hours. Mr. Calix claimed  that he was "severely beaten, punched, kicked, abused, and terrorized"  by Mario Kaki while Mohammad Kaki and Cory Elbarqa watched and prevented  him from leaving. As a result, Mr. Calix alleged that he suffered  severe mental and physical injuries.

The Allegations  Mr. Calix alleged his injuries were caused by the intentional acts of  the defendants, assault, battery, kidnapping, false imprisonment, and  intentional infliction of emotional distress. Additionally, Mr. Calix  claimed that the LLCs were vicariously liable under the doctrine of  respondeat superior for the derivative liability, negligence, and fault  of its employees, and were liable individually, jointly, severally, and  in solido through their own negligence, specifically for negligent  hiring, negligent training, negligent supervision, and negligent  retention.   The trial court signed a written judgment granting the motion for  summary judgment and dismissing all of Mr. Calix\'s claims against State  Farm with prejudice.  The trial court found that regardless of the legal theory argued by Mr.  Calix, the intentional actions of the owners/managers of the defendant  companies, in particular the actions of Mario Kaki, are the essential  cause of Mr. Calix\'s alleged damages. Coverage for these actions was  specifically excluded by the policies.  

ANALYSIS  The Court of Appeal concluded that reasonable minds could not disagree  that, accepting the allegations as true, Mario Kaki\'s actions of using a  firearm as well as his fists and legs to beat Mr. Calix\'s head, face,  and body for approximately four hours were expected or intended to cause  bodily injury.