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Eaton v. Penn-America Ins. Co., 10-1273

By FindLaw Staff on November 23, 2010 | Last updated on March 21, 2019

Plaintiff's suit against a nightclub's insurer for injuries caused by a bouncer

Eaton v. Penn-America Ins. Co., 10-1273, concerned a plaintiff's suit against an insurer of a nightclub, arising from injuries caused by the nightclub's bouncer.  In affirming the district court's grant of the insurer's motion for summary judgment, the court held that the district court was correct in finding the assault and battery exclusion dispositive, which in pertinent part eliminates coverage for "damages resulting from assault or battery or physical altercations" that occur in, on, or near the insured's premises.

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