Insurer has no Obligation to Pay More than an Aggregate Limit of
Liability

Post 4702
Denis Mucha sustained injuries after he was assaulted by employees at
defendant MDF 92 River Street, LLC d/b/a Wild Moose Saloon and The Birch
(MDF) (the bar) in Hoboken, New Jersey while a patron. Plaintiff
Watford Specialty Insurance Company (Watford) insured MDF. Watford filed
a declaratory judgment action seeking a declaration that its obligation
to provide insurance coverage to MDF arising out of Mucha's lawsuit
were satisfied under its endorsement for assault and battery claims, and
Watford's $1,000,000 limit of liability had been exhausted.


The Court of Appeal concluded that the trial court's decision was
correct when if awarded Watford summary judgment.

ZALMA OPINION

Watford lived up to its mistake to insure the bar against assault and
battery and paid out its policy limit of $1,000,000 to five different
victims of the insured's bouncers. Adding insult to the injury, Mr.
Mucha tried to get around the assault and battery limit by claiming he
was wrongfully evicted from the premises to obtain access to a different
policy limit. The trial failed since throwing him down a flight of
stairs was a clear battery and fit within the limit.

(c) 2023 Barry Zalma & ClaimSchool, Inc.

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