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ESSEX INS. CO. v. FIELDHOUSE, INC.

No. 93-163.

506 N.W.2d 772 (1993)

ESSEX INSURANCE COMPANY, Appellee, v. The FIELDHOUSE, INC., Appellant, and Wendy M. Watts, Defendant.

Supreme Court of Iowa.

October 20, 1993.

Attorney(s) appearing for the Case

Thomas D. Hobart of Meardon, Sueppel, Downer & Hayes, P.L.C., Iowa City, for appellant.

Robert J. Blink of Whitfield & Eddy, P.L.C., Des Moines, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN and ANDREASEN, JJ.

ANDREASEN, Justice.

This action arises from a dispute between a liability insurer and its insured. The insurer sought a declaratory judgment that it had no obligation to defend or indemnify its insured in a personal injury action because the allegations of the plaintiff's complaint in the underlying suit fell within a policy exclusion for assault and battery. In opposition, the insured contended the exclusion was neither factually applicable nor legally effective...

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