SABA v. DARLING

No. 36, September Term, 1987.

72 Md. App. 487 (1987)

531 A.2d 696

MARKUS SABA v. CHARLES DARLING.

Court of Special Appeals of Maryland.

October 7, 1987.


Attorney(s) appearing for the Case

Albert D. Brault (Janet S. Zigler, Brault, Graham, Scott & Brault and Robert Windsor, on the brief), Rockville, for appellant.

James L. Kelly, Jr. (Donahue, Ehrmantraut & Montedonico, Chartered, on the brief), Rockville, for appellee.

Argued before GILBERT, C.J., and GARRITY and WENNER, JJ.


GILBERT, Chief Judge.

Markus Saba sued Charles Darling in the Circuit Court for Montgomery County in a suit grounded on assault and battery as well as negligence. Through discovery, counsel for Saba obtained a copy of an insurance policy covering Darling. The policy specifically excluded payment to others if bodily injury was intended by the insured. Not surprisingly, before the jury was impanelled in the matter, Saba dismissed his claim of assault and battery.

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