EDPA’s Chief Judge — Assault Cloaked as Negligence Is Still Assault.

In the case of Essex Insurance Co. v. RMJC Inc., Essex disclaimed indemnity coverage for a claim arising out of an assault committed by the insured’s bouncer. The insured argued that indemnity coverage was mandated because the underlying plaintiff was proceeding exclusively on a negligence and not assault theory. Chief Judge Bartle disagreed and held that the assault and battery exclusion barred indemnity coverage.