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Punching a Person in the Face is an Excluded Intentional Act
\\n\\nAlphonso Williams, appealed a judgment granting the motion for summary judgment of the defendant, ANPAC Louisiana Insurance Company ("ANPAC"). The trial court dismissed plaintiff\'s claims against ANPAC, finding the intentional act exclusion in the insurance policy precluded coverage for the injury caused by the insured, Christopher Hart.
\\nIn Alphonso B. Williams v. Christopher L. Hart & ABC Insurance Company, No. 54,604-CA, Court of Appeals of Louisiana, Second Circuit (July 6, 2022) the Court of Appeal looked to the video of a battery when Hart Punched Williams in the face without hesitation. FACTS On February 2, 2020, Alphonso Williams and Christopher Hart attended a Super Bowl event at a Holiday Inn hotel in Shreveport. At approximately 7:30 p.m., Hart violently punched Williams in the face, knocking him down.
\\nA surveillance camera recorded the incident. At the time of the incident, Hart was insured by a homeowner\'s policy issued by ANPAC. The insurance policy contains an exclusion of coverage for bodily injury "which is caused intentionally by . . . any insured, even if the resulting injury or damage is different than expected or intended. This exclusion shall not apply to an intentional act arising out of any insured\'s use of lawful force to protect persons or property." ANPAC denied Williams\\u2019 insurance based on the exclusion. Williams sued for damages against the defendants, Christopher Hart and ANPAC. After taking the depositions of Williams and Hart, ANPAC filed a motion for summary judgment alleging the insurance policy did not provide coverage because plaintiff\'s injuries were caused by the intentional act of the insured. The trial court granted ANPAC\'S motion for summary judgment based on the policy language, the video and the applicable law. The trial court granted summary judgment in favor of ANPAC, dismissing plaintiff\'s claims against ANPAC.
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