Traub Lieberman Straus & Shrewsberry LLP congratulates Mike S. Knippen, James M. Eastham and Natalie M. Limber on their recent victory on motion for summary judgement in the civil action captioned RSUI Indemnity Co. v. Cazim, Inc.
January 08, 2010

CHICAGO, ILLINOIS TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP congratulates Mike S. Knippen, James M. Eastham and Natalie M. Limber on their recent victory on motion for summary judgment in the civil action captioned RSUI Indemnity Co. v. Cazim, Inc., in the Circuit Court of Cook County, Illinois, case number 08 CH 38138.

On behalf of Plaintiff, RSUI Indemnity Company, TLS&S filed a declaratory judgment action against Defendant Cazim, Inc. seeking a declaratory judgment that RSUI owed no duty to defend or indemnify Defendant in an underlying lawsuit arising out of an alleged assault and battery at Defendant’s bar. The underlying lawsuit alleged that Defendant caused one of its patrons to become intoxicated, which resulted in the patron injuring the underlying plaintiff. TLS&S brought a motion for summary judgment and argued that RSUI did not owe coverage based on an exclusion in Defendant’s liquor liability policy for claims arising out of assault and/or battery. Defendant responded and brought a cross-motion for summary judgment, arguing that the exclusion either rendered the policy ambiguous or alternatively that the policy coverage was illusory.

The Honorable Mary K. Rochford entered an Order granting RSUI’s Motion for Summary Judgment and denying Defendant’s Cross-Motion. The judge found that the underlying lawsuit alleged liability against Defendant based on an assault and/or battery, which was unambiguously excluded from coverage. Correspondingly, the judge found that RSUI owed no duty to defend or indemnify Defendant in the underlying lawsuit.