LA Checker Cab Cooperative, Inc. v. FIRST SPECIALTY INS. CORP.

Law Offices of Neil C. Evans and Neil C. Evans for Cross-complainant and Appellant.

Cresswell, Echeguren, Rodgers & Noble, Ronald D. Echeguren, Elsa S. Baldwin and Matthew S. Harvey for Cross-defendant and Respondent.

ROTHSCHILD, J.—

We hold that the employer in this case is not covered for an assault and battery by its employee under the "bodily injury" provision of its commercial general liability policy regardless of whether the employee acted in unreasonable self-defense or the employer was negligent in training or supervising the employee. Accordingly, we affirm the judgment for the insurer in the employer's action for breach of contract and declaratory relief. [1]

Alexander Terminassian, an employee of the L.A. Checker Cab Cooperative, Inc. (Checker), was operating his taxi one evening when he got into a dispute with a would-be passenger, Marco Cifuentes.

In his deposition, Cifuentes stated that Terminassian told him that he would not accept him as a passenger because he was drunk. Terminassian ordered Cifuentes out of the cab. Terminassian testified that when he told Cifuentes to get out of the cab, Cifuentes spat on his face, kicked him, struck him on the back of his…