Britamco Underwriter's, Inc. v. Zuma Corp.
Cases that cite this one
23 later published cases cite this decision.
- Wilshire Insurance Company v. Rapax, Inc. (United States District Court for the Southern District of Florida 2023)
- SIERRA AUTO CENTER, INC. v. GRANADA INSURANCE COMPANY (Fla. Dist. Ct. App. 2021)
- Aix Specialty Ins. Co. v. Ashland 2 Partners, LLC (United States District Court for the Middle District of Florida 2019)
- Forsman v. Blues Brews and Bar-B-Ques Inc. (N.D. 2017)
- Wilshire Insurance Co. v. Poinciana Grocer, Inc. (Fla. Dist. Ct. App. 2014)
- Western Heritage Insurance v. Montana ex rel. Blevins (United States District Court for the Middle District of Florida 2014)
- American Empire Surplus Lines Insurance v. Chabad House of North Dade, Inc. (United States District Court for the Southern District of Florida 2011)
- Essex Insurance Co. v. Big Top of Tampa, Inc. (Fla. Dist. Ct. App. 2011)
- Century Surety Company v. Seductions, LLC (11th Cir. 2009)
- Century Surety Co. v. Seductions, LLC (United States District Court for the Southern District of Florida 2009)
- First Specialty Insurance v. 633 Partners, Ltd. (11th Cir. 2008)
- Colony Insurance Co. v. George Barnes, Sr. (11th Cir. 2006)
- American Commerce Insurance v. Porto (R.I. 2002)
- Council v. Paradigm Insurance (United States District Court for the Middle District of Florida 2001)
- Western Heritage Insurance v. BH Investment Corp. at 1200 Homestead (Fla. Dist. Ct. App. 1999)
- Perrine Food Retailers v. ODYSSEY LTD. (Fla. Dist. Ct. App. 1998)
- Capitol Indemnity Corp. v. Callis (Mo. Ct. App. 1997)
- Miami Beach Enter. Inc. v. First Oak Brook (Fla. Dist. Ct. App. 1996)
- Liquor Liability Joint Underwriting Ass'n v. Hermitage Insurance (Mass. 1995)
- Essex Insurance Co. v. Fieldhouse, Inc. (Iowa 1993)
- AUDUBON INDEMNITY COMPANY v. Patel (District Court, S.D. Texas 1993)
- ACCEPTANCE INSURANCE COMPANY v. Winning Concepts of Westport Inc. (Mo. Ct. App. 1992)
- Essex Insurance v. Yi (United States District Court for the Northern District of California 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
BRITAMCO UNDERWRITER'S, INC., Appellant,
v.
ZUMA CORPORATION, etc., et al., Appellees.
District Court of Appeal of Florida, Fifth District.
Neil Rose of Conroy, Simberg & Lewis, P.A., Hollywood, for appellant.
Edward R. Gay, Orlando, for appellees.
GRIFFIN, Judge.
Appellant seeks review of a summary final judgment finding insurance coverage in favor of appellee, Zuma Corporation. Appellee owns and operates a bar in which a patron was injured as a result of a beating inflicted by other patrons. The patron previously had obtained a judgment against the appellee based on the theory that, by failing to provide adequate security, appellee had negligently created a dangerous condition which resulted in the injuries to the patron.
The appellant, Britamco, which issued a policy of insurance to appellee, asserts that its policy contained no coverage for this incident because of the "assault and battery/negligent hiring" exclusion. This exclusion provided in pertinent part:
[I]t is understood and agreed that this policy excludes claims arising out of:
1. Assault & Battery, whether caused by or at the instructions of, or at the direction of, the insured, his employees, patrons or any causes whatsoever ...
Appellee concedes that the patron was injured by an assault and battery but contends that coverage is nevertheless available because the legal theory upon which the patron obtained a judgment was negligence in failing to provide adequate security. We agree with the appellant that the policy excludes coverage for this claim, which clearly arises out of an assault and battery. Our conclusion is consistent with the overwhelming weight of authority in jurisdictions that have considered this issue. E.g., Terra Nova Ins. Co., Ltd. v. North Carolina Ted, Inc., 715 F. Supp. 688 (E.D.Pa. 1989); Garrison v. Fielding Reinsurance, Inc., 765 S.W.2d 536 (Tex. App. 1989); Ross v. City of Minneapolis, 408 N.W.2d 910 (Minn.App. 1987).
Accordingly, we reverse and remand to the trial court with instructions that a summary final judgment be entered in favor of appellant.
REVERSED and REMANDED.
COWART and DIAMANTIS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.