L.A. CHECKER CAB COOPERATIVE, INC. v. FIRST SPECIALTY INS. CORP.

No. B213948.

186 Cal.App.4th 767 (2010)

L.A. CHECKER CAB COOPERATIVE, INC., Cross-complainant and Appellant, v. FIRST SPECIALTY INSURANCE CORPORATION, Cross-defendant and Respondent.

Court of Appeals of California, Second District, Division One.

June 14, 2010.


Attorney(s) appearing for the Case

Law Offices of Neil C. Evans and Neil C. Evans for Cross-complainant and Appellant.

Cresswell, Echeguren, Rodgers & Noble, Ronald D. Echeguren, Elsa S. Baldwin and Matthew S. Harvey for Cross-defendant and Respondent.


OPINION

ROTHSCHILD, J.

We hold that the employer in this case is not covered for an assault and battery by its employee under the "bodily injury" provision of its commercial general liability policy regardless of whether the employee acted in unreasonable self-defense or the employer was negligent in training or supervising the employee. Accordingly, we affirm the judgment for the insurer in the employer's action for breach of contract...

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