Livebythepark Palm Springs, LP v. Arch Specialty Insurance Co.

MEMORANDUM

Because the parties are familiar with the underlying facts, we repeat only those necessary to our decision.

Appellee had a duty to defend the Thompson action for negligently failing to provide adequate security. The attacker falsely imprisoned the tenant, however briefly, in the elevator before and distinct from the assault. The imprisonment began the moment the attacker stopped the elevator and continued throughout the entire subsequent assault, battery, and attempted rape, until he pushed the tenant out of the elevator. A reasonable layperson reading the policy would believe it covered a false imprisonment claim that preceded an assault. Horace Mann Ins. Co. v. Barbara B., 4 Cal.4th 1076, 1088-84 , 17 Cal.Rptr.2d 210 , 846 P.2d 792 (1993); General Ins. Co. v. Am. Safety Indem. Co., 185 Cal.App.4th 1515 , 111 Cal.Rptr.3d 403 (2010); see Guideone Elite Ins. Co. v. Old Cutler Presbyterian Church, Inc., 420 F.3d 1317 (11th Cir.2005); Ledbetter v. Concord General Corp., 665 So.2d 1166 (Sup.Ct.La.1996). Thus, Appellee’s reliance on the assault and battery exclusion fails.

The Court rejects Appellee’s conelusory argument that the policy would cover a false imprisonment…