Is assault and battery coverage on a liquor liability form and a commercial general liability form the same?
Q: Is assault and battery coverage on a liquor liability form and a commercial general liability form the same? Does an establishment selling liquor need the coverage on both policies?
Response 1: Neither the standard ISO liquor policy nor the ISO CGL policy expressly provide assault and battery coverage.
Response 2: Whether assault and battery coverage is excluded is subject to debate. Unless there is a specific exclusionary endorsement to the CGL, there is some level of coverage. The only exclusion that has some effect in the unendorsed CGL is the expected or intended injury exclusion. However, this only applies to the insured who expected or intended the injury and the separation of insureds provision grants coverage to other insureds, such as the named insured.
Essentially, coverage needs to be as broad as possible on all forms that may come into play following a loss, whether it be general liability or liquor.
Response 3: The ISO CGL excludes any intentional loss, so there is no coverage for assault and battery under Coverage A—nor is there coverage under Coverage B because of the definition of "personal and advertising injury."
It depends if the liquor liability policy is an ISO policy or written on a proprietary form? Most are proprietary, so carefully read the exclusions to determine if there is coverage.
Response 4: Because a claim involving a “bar fight" could be filed as either an allegation that would trigger coverage under a liquor liability policy—improper sale of alcoholic beverages—or a general liability policy—negligent security of premises—it is best that neither policy contains an assault and battery exclusion.
Response 5: Get it on both policies. Note that many insurers put a sublimit on assault and battery coverage. For example, $250,000 applicable to damages and inclusive of all defense costs and claim expenses. The other commercial general liability coverages might still be the ISO standard of defense outside of the limits.
Response 6: I don't know if you need assault and battery coverage, but the insured doesn't want an assault and battery exclusion on any policy.
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