· 3/27/2007
First Specialty Insurance v. Flowers
Citations
- 644 S.E.2d 453
- 284 Ga. App. 543
- 2007 Fulton County D. Rep. 1077
- 2007 Ga. App. LEXIS 362
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that \an insurer seeking to invoke a policy exclusion carries the burden of proving its applicability in a given case\
- excluding coverage for claims “caused by or arising directly or indirectly out of or from an assault or assault and battery of any nature whatsoever, whether or not committed by or at the direction of the Insured, his employees, patrons, or any causes whatsoever”
- “Under Georgia law, an insurer seeking to invoke a policy exclusion carries the burden of proving its applicability in a given ease.”
- assault and battery exclusion was unambiguous and applied to “any claim or suit for bodily injury or death arising out of an assault and battery committed on the … premises, regardless of who committed the assault and battery”
- giving effect to unambiguous policy exclusions
Source: CourtListener parenthetical corpus (CC0).
Judges: Bernes, Barnes, Andrews
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.