No Right to Indemnity After Policy Limit Exhausted

Published: Jan. 5, 2024, 2:17 p.m.

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Insurer has no Obligation to Pay More than an Aggregate Limit of \\nLiability\\n\\nPost 4702\\nDenis Mucha sustained injuries after he was assaulted by employees at \\ndefendant MDF 92 River Street, LLC d/b/a Wild Moose Saloon and The Birch\\n (MDF) (the bar) in Hoboken, New Jersey while a patron. Plaintiff \\nWatford Specialty Insurance Company (Watford) insured MDF. Watford filed\\n a declaratory judgment action seeking a declaration that its obligation\\n to provide insurance coverage to MDF arising out of Mucha\'s lawsuit \\nwere satisfied under its endorsement for assault and battery claims, and\\n Watford\'s $1,000,000 limit of liability had been exhausted.\\n\\n\\nThe Court of Appeal concluded that the trial court\'s decision was \\ncorrect when if awarded Watford summary judgment.\\n\\nZALMA OPINION\\n\\nWatford lived up to its mistake to insure the bar against assault and \\nbattery and paid out its policy limit of $1,000,000 to five different \\nvictims of the insured\'s bouncers. Adding insult to the injury, Mr. \\nMucha tried to get around the assault and battery limit by claiming he \\nwas wrongfully evicted from the premises to obtain access to a different\\n policy limit. The trial failed since throwing him down a flight of \\nstairs was a clear battery and fit within the limit.\\n\\n(c) 2023 Barry Zalma & ClaimSchool, Inc.\\n\\nPlease tell your friends and colleagues about this blog and the videos \\nand let them subscribe to the blog and the videos.\\n\\nSubscribe to my substack at \\nhttps://barryzalma.substack.com/publish/post/107007808\\n\\nGo to Newsbreak.com\\xa0 https://www.newsbreak.com/@c/1653419?s=01\\n\\nGo to the Insurance Claims Library \\u2013 \\nhttp://zalma.com/blog/insurance-claims-library.

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