Assault and Battery Exclusion in Liability Policy Barred Coverage for the Claims Arising from Robbery and Shooting Death of the Decedent at Apartment Complex

This case was an appeal of a denial of the insurance company’s motion for summary judgment in the trial court in a declaratory judgment action. On appeal, the insurer prevailed in its argument that the assault and battery exclusion in its liability policy barred coverage for the claims in the underlying action wherein the claimant was suing an apartment complex for the robbery and shooting death of the decedent.