Dismissal of an insurance coverage action, removed to federal court, in which a claimant was seeking coverage for a large judgment

SUSAN BURKHART (Raleigh) obtained a dismissal of an insurance coverage action, removed to federal court, in which a claimant was seeking coverage for a large judgment obtained against an insured for allegedly failing to prevent an assault. The claimant’s attorney voluntarily dismissed the claim after being persuaded by Ms. Burkhart that no coverage existed for the judgment under an assault and battery exclusion in the policy, which North Carolina state courts had recently enforced in a similar case, even as to claims for “negligent” failure to prevent an assault or battery.