Claim Denied Due to the Assault & Battery Exclusion

claim denied

The purpose of insurance is very clear, and it is a financial one. In exchange for paying premiums that could be considered nominal in the long run should there be a major claim, you have the security of knowing that you are ‘covered.’ You may sleep better at night too like so many other policyholders do, dealing with all the stresses of home and business, but knowing that if there were an accident, a fire, a negligence claim, or even a major catastrophe, that the insurance company has agreed to take care of you.

The insurance policy can be complicated though, and one or more of yours may be so full of legalese that you feel like you are mired in trying to understand a different language upon reading it. Not only are there the usual basics such as your personal information and general coverage details, but insurance policies are often also full of a wide range of differing explanations of limits, conditions, riders, and endorsements which add extra protection. And although the individual who sold you the insurance policy may be experienced and knowledgeable, the rules of the insurance industry change so often that it is possible they may not even understand the policy fully.

Exclusions are common in insurance policies, spanning nearly every type; for instance, your homeowner’s policy may exclude damage from earthquakes or construction defects, while your automobile policy excludes other limitations regarding traffic accidents. Business and professional liability insurance may be even more complicated though, and there may be exclusions you never think you would have to worry about such as those pertaining to issues like assault and battery.

Assault and battery exclusions may arise in general liability, but usually such a policy is expected to pay claims for any type of bodily injury or property damage. Some insurance policies may clearly state, however, that they will not cover the insured if an assault and battery claim is filed asking for damages due to injuries. While it may seem understandable that the insurance company would want to exclude themselves from paying legal fees and damages for what could clearly be a criminal act, in many other cases the claim could be complicated and the terms ‘assault and battery’ could be used only technically, or as a complete stretch.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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