Philadelphia partner Michael McKenna represented an insurer in a coverage action involving negligence claims arising out of a dispute between delivery drivers at a distribution facility.
The defense moved for judgment on the pleadings, arguing that the policy’s Assault and Battery exclusion barred coverage for all claims, regardless of the plaintiff’s theory of liability. The court agreed and granted judgment in favor of the insurer, finding that the alleged harm arose out of an assault and battery as defined by the exclusion.
