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PICKETT v. MOORE'S LOUNGE

DOCKET NO. A-2330-17T2.

237 A.3d 369 (2020)

464 N.J. Super. 549

Nicole PICKETT, ON BEHALF OF the ESTATE OF Roger Waddell PICKETT, II, Plaintiff, v. MOORE'S LOUNGE (also known as Bill and Ruth's) and James D. Corley, Jr., Defendants, and Emro, Inc., Defendant/Third-Party Plaintiff-Appellant, v. Northfield Insurance Company, Third-Party Defendant-Respondent, and Petrocci Agency, LLC, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided August 25, 2020.

Attorney(s) appearing for the Case

Jonathan Michael Ettman argued the cause for appellant (Feitlin, Youngman, Karas & Gerson, LLC, attorneys; Frederick Evan Gerson , on the briefs).

Francis E. Borowsky, Jr. , argued the cause for respondent (Borowsky & Borowsky, LLC, attorneys; Francis E. Borowsky, Jr. , of counsel and on the brief; Adam K. Gallagher , on the brief).

Before Judges Messano, Ostrer and Vernoia.

The opinion of the court was delivered by

This insurance coverage case requires us to interpret the assault-or-battery exclusion in a tavern's commercial general liability policy. In excluding damage claims "arising out of any act of `assault' or `battery' committed by any person," the exclusion expressly encompasses claims...

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