Security Co. Not Owed Defense In Waffle House Shooting Suit

Law360 (July 19, 2018, 8:08 PM EDT) -- Nautilus Insurance Co. doesn't have to defend a security contractor for an Atlanta Waffle House in a lawsuit alleging it failed to stop a restaurant employee from fatally shooting a patron in 2014, a Georgia federal judge ruled on Thursday, holding that a policy exclusion for assault and battery claims clearly bars coverage.

U.S. District Judge Timothy C. Batten made short work of contractor EJIII Development Co.'s contention that a "professional liability" endorsement in its liability policy with Nautilus overrides the assault-and-battery exclusion and obligates the insurance company to fund its defense in the underlying suit brought by the family of...

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