Court Will Never Interpret Policy to Give Insured Coverage Not Purchased

Premium for Assault & Battery Coverage
Post 5225

Exclusion for Assault & Battery Enforced

In Golden Bear Insurance Company v. The Levee Bar & Grill, LLC et al., No. 4:24-CV-00764-DGK (W.D. Mo. Nov. 7, 2025) the bar was sued because of an assault and battery by an intoxicated patron and sought defense and indemnity from its insurer. Golden Bear (GB) denied the claim because of an assault and battery exclusion in its policy.

FACTUAL BACKGROUND
Underlying Incident and Lawsuit:

On or about an unspecified date in 2024, Defendant Adrian Hubbard ("Hubbard"), a patron at The Levee, became intoxicated after being overserved alcohol. He was removed from the bar without incident but later engaged in a brief altercation outside, bumping a female security guard. An unknown employee of The Levee ("John Doe"), perceiving a threat to himself or the guard, struck Hubbard in the head, causing him to fall and strike his head on the pavement, resulting in injuries.

Underlying Claims:

Hubbard filed suit against The Levee and John Doe in Jackson County, Missouri Circuit Court on May 20, 2024 (initial petition), alleging negligent overservice of alcohol and removal. An amended petition filed October 3, 2024, added claims of: (1) negligent supervision/training of John Doe (who allegedly had a proclivity for excessive force, which The Levee condoned); and (2) negligence in John Doe's use of unreasonable force while acting within the scope of employment.

Coverage Denial:

The Levee tendered the claim to GB Insurance on June 26, 2024, and again after the amendment. GB Insurance denied coverage both times, citing the Exclusion.

Insurance Policy:

Plaintiff Golden Bear Insurance Company ("GB Insurance") issued a Commercial General Liability policy to Defendant The Levee Bar & Grill, LLC ("The Levee") for the period January 18, 2023, to January 18, 2024. The policy includes an "Assault and Battery Exclusion" (the "Exclusion") that bars coverage for bodily injury arising from enumerated acts, allegations, or causes of action, including assault and battery. It contains a "Separation of Insureds" provision, treating coverage for each insured separately as if they were the sole insured.

PROCEDURAL HISTORY

GB filed this federal declaratory judgment action under 28 U.S.C. § 2201, seeking a declaration of no duty to defend or indemnify The Levee in the underlying lawsuit due to the Exclusion. The court stayed the underlying action pending resolution.

GB Insurance moved for judgment on the pleadings.

Issues
Does the Exclusion preclude coverage for the underlying claims?
Is the Exclusion void as against Missouri public policy, which favors self-defense?
ANALYSIS

To succeed on a motion to dismiss the movant must show no material factual issues remain and entitlement to judgment as a matter of law.

Applicability of Exclusion:

Defendants did not contest GB Insurance's argument that the Exclusion bars coverage for the underlying tort claims (negligent supervision/training and negligence arising from the alleged assault). This constitutes waiver.

Exclusion Not Void Against Public Policy:

Defendants argued the Exclusion violates Missouri's policy favoring self-defense (citing a carve-out for "reasonable force to protect persons or property"), entitling coverage for John Doe's alleged defensive act. The court rejected this as "borderline frivolous," unsupported by caselaw.

Distinction Between Defenses and Coverage:

Self-defense is a valid criminal/civil defense insulating from liability, but it does not mandate insurance coverage for intentional/excluded conduct. These are separate issues.

Contract Interpretation:

Missouri courts will not rewrite policies to create unagreed coverage. The Levee could have purchased optional assault/battery coverage (at extra premium) but did not. Enforcing the Exclusion upholds freedom of contract and is not against public policy.

HOLDING

The motion was granted. GB Insurance had no duty to defend or indemnify The Levee (or any insured) in the underlying lawsuit because the Exclusion applies without material factual dispute. The Exclusion is enforceable.

CONCLUSION

The court declared the Exclusion applies, absolving GB Insurance of defense/indemnity duties.

ZALMA OPINION

Insurance policies limit the risks that the insurer is willing to take. When insuring a bar insurers are usually concerned with the liability of the bar for injuries to third parties due to the intoxication of patrons and the actions of staff to quell disputes between intoxicated persons. GB offered the insured coverage for assault and battery at a higher premium which the insured rejected and opted for the policy with the exclusion and took their chances. When sued the bar attempted to change the policy wording to obtain coverage for which they did not pay a premium only to find itself responsible individually for the costs of defense and indemnity.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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