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EATON v. UNITED AMERICA INS. GROUP

No. CV-09-71-B-W.

685 F.Supp.2d 154 (2010)

Zachary EATON, Plaintiff, v. UNITED AMERICA INSURANCE GROUP, Penn-America Insurance Co., Defendants.

United States District Court, D. Maine.

February 17, 2010.

Attorney(s) appearing for the Case

David J. Van Dyke, Hornblower, Lynch, Rabasco & Van Dyke, Lewiston, ME, for Plaintiff.

H. Peter Del Bianco, Jr., Teresa M. Cloutier, Lambert Coffin Haenn, Portland, ME, for Defendants.

AMENDED1 ORDER ON MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., Chief Judge.

In this reach and apply action, the Court concludes that the assault and battery exclusion bars a bystander claim from insurance coverage because his injuries resulted from the assault.

I. STATEMENT OF FACTS

During the evening of November 23, 2005, Zachary Eaton was standing near a door to the Finger Rock Bar inside...

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