“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may mean the exclusion applies even though the insured itself did not commit the excluded act. The first three cases in this month’s update address this point. • Texas: Assault and battery exclusion bars coverage for negligence claim at a rave shooting. • Georgia: Firearms…
By: Rivkin Radler LLP
By: Rivkin Radler LLP
