Michael F. Schmidt Obtains Default Judgment in Insurance Coverage Declaratory Action Enforcing Assault and Battery Exclusion Endorsement

Associated Industries Insurance Company, Inc. v Plaka Restaurant, LLC, et al, 2023 U.S. Dist. LEXIS 84649; 2023 WL 3467727 (ED Mich, 2023). Filed a declaratory complaint in U.S. District Court to enforce the assault and battery exclusion endorsement regarding claims against the insured in an underlying lawsuit filed in Wayne County Circuit Court alleging injuries incurred by the underlying plaintiffs at the insured Plaka Restaurant, LLC d/b/a Level Two. Filed a motion for summary judgment to enforce the exclusion followed by a motion for default judgment that there was no coverage for the claims against the insured for assault, battery and negligent hiring and supervision. The Court entered default judgment that “given the coverage provisions and exclusions in the insurance policy at issue in this case, Associated Industries Insurance Company, Inc., has no duty to provide coverage or a defense to Plaka Restaurant, LLC for any of the allegations and claims raised in O’Donnell v Plaka Restaurant, LLC, Wayne County Circuit Court Civil Action No. 21-013910-NO.”