Wednesday, September 26, 2007

Jafari v. EMC Insurance Cos. (Cal. Ct. App. - Sept. 26, 2007)

"Repair my car or I'll kill you," says the customer. The manager responds: "How about I punch you in the face instead?" And does so. Insurance coverage for the underlying civil assault and battery claim?

Yep. Or at least the potential for coverage, and hence there's a duty to defend. According to Justice Johnson, who holds that even deliberate self-defense would still constitute an "accident" under the policy.

Seems about right. Still, unless you want a punch in the face, I might shy away from Glendora Tire & Brake Center for a while. Or at least not threaten to kill anyone there.