Assault and battery exclusions

An assault and battery exclusion is a liability policy endorsement that removes coverage for injury arising out of an assault or battery, whoever commits it. Carriers attach it, or replace it with a low sublimit, to businesses where fights, shootings and violent crime are a recurring source of claims: bars, nightclubs, venues, apartment complexes, hotels and security companies. The danger is not the plaintiff who sues the attacker; it is the injured person who sues your business for inadequate security, and finds the policy excludes it.

The base policy and the added endorsement

The standard ISO commercial general liability form (CG 00 01) does not contain an assault and battery exclusion. It does exclude bodily injury expected or intended from the standpoint of the insured, with an exception for bodily injury resulting from the use of reasonable force to protect persons or property. That exception is why a bouncer's or guard's reasonable force can fall inside the CGL. IA Magazine noted in June 2023 that standard CGL policies usually lack this exclusion, but a carrier may add it based on the client's type and location, and that liquor liability policies often carry an automatic exclusion unless you specifically ask for the coverage to be added. Carrier endorsements, not an industry standard form, usually supply the wording, so the text varies a lot from policy to policy.

Typical versions:

Read the endorsement itself, not the quote summary. The key phrases are "arising out of," "by any person," and any list of excluded theories. Many exclusions extend to claims that the insured negligently hired, trained, supervised or failed to provide security, to prevent the assault, to protect the person, or to summon aid. If that language appears, the plaintiff's negligent-security claim is excluded even though the insured did not commit the assault. Courts differ on how broadly "arising out of" is read, so the answer in a specific case depends on the wording and the state. See CGL exclusions: what a general liability policy does not cover.

Who is most exposed

Alcohol raises the odds but is not required. IA Magazine's 2023 piece said exposure extends beyond bars and restaurants to apartment owners, hotels, schools and churches. The classes carriers watch most closely include:

• bars, taverns and nightclubs, covered in Bar and tavern insurance and in liquor liability insurance and dram shop laws
• hotels and motels (Hotel and motel insurance)
• apartment owners and property managers (Landlord insurance)
• security guard companies (Security guard company insurance)
• event venues, parking operators and retailers in high-crime areas

IA Magazine's August 2026 liquor liability article quotes an Amwins executive listing assault and battery with dram shop, abuse and molestation and human trafficking among the exposures hospitality accounts face.

What claims look like

A patron is stabbed at the door of a late-night venue. The patron sues the attacker, and also sues the venue for negligent security, inadequate lighting, failing to screen entry or overserving the attacker. Those claims fall under premises liability: how slip-and-fall claims are handled. If the policy carries a full assault and battery exclusion, the insurer may deny a defense, and the business funds both defense and any judgment. If the policy has a sublimit, the insurer pays up to the sublimit and the business pays the rest.

Three details change the result.

• Firearms and weapons exclusions. The IA Magazine article notes a separate weapons exclusion may still bar a shooting claim even when assault and battery coverage exists.
• Excess and umbrella. The same article warns that an excess carrier's policy may not drop down when there is an assault and battery claim, particularly where the primary has a sublimit. Ask your umbrella carrier directly; see umbrella vs excess liability.
• Defense. Whether the insurer defends under a reservation of rights, and whether defense costs erode a sublimit, shapes the economics. See the insurer's duty to defend: what triggers it and when it ends and reservation of rights letters: what they mean and how to respond.

Contract problems

Leases, event contracts and franchise agreements often require "commercial general liability of $1 million per occurrence" without mentioning exclusions. A policy with a low A&B sublimit may not meet that requirement, and certificates of insurance show limits, not endorsements. IA Magazine notes that claimants argue sublimited coverage fails to meet contractual CGL limit requirements. Check each contract against the endorsement list, and use the What business insurance do I need?. If the contract requires full limits, ask the broker whether a separate A&B policy or buy-back is available.

A worked example (hypothetical)

Say a 150-capacity bar carries $1 million per occurrence and $2 million aggregate general liability, with an assault and battery sublimit of $50,000 per occurrence that includes defense costs.

• A patron is hurt in a fight and sues the bar for negligent security. Demand: $400,000.
• The insurer defends under the sublimit. After $30,000 of defense costs, $20,000 is left for any settlement.
• The bar pays the remaining settlement itself. If the lease required $1 million of unrestricted general liability, the landlord may also claim breach.
• Had the bar bought full assault and battery coverage at renewal, the claim would have run against the $1 million limit. Whether the added premium was worth paying is the question to price out with the broker before renewal, not after a claim.

The numbers are invented to show the arithmetic; they are not typical limits or prices.

What underwriters ask

For accounts where assault and battery is a concern, expect:

• security staffing: number of guards, training, licensing, hours
• ID scanners, metal detectors, bag checks and door policies
• camera coverage, lighting and parking lot management
• hours of operation and occupancy at peak times
• history of fights, police calls and prior claims
• written de-escalation, ejection and incident-reporting procedures
• crime history in the surrounding area

A documented security plan gives an underwriter a reason to offer a sublimit or broader coverage instead of an exclusion. Some surplus lines programs offer broader terms; see excess and surplus lines insurance explained.

Practical steps

1. Ask your broker for the liability endorsements list and find any assault, battery, weapons, firearms or "violent acts" endorsement.
2. Ask for written quotes for full coverage, a sublimit, and the exclusion, so you see the price difference.
3. If the quote includes a sublimit, get it described in writing, with the defense treatment, and acknowledge it in writing.
4. Confirm that your liquor liability policy has matching assault and battery terms, since a gap between the general liability and liquor policies leaves a seam.
5. Review the umbrella for its own exclusion.
6. Address the cause: staffing, training, lighting and a written security plan. See workplace violence prevention and insurance.
7. Consider active assailant insurance: what it covers and what standard policies miss if the exposure includes mass-casualty events.

Key takeaways

• The standard CGL lacks an assault and battery exclusion, but carriers frequently add one, and liquor liability policies often exclude it unless coverage is requested.
• Negligent-security claims are the real exposure, and many exclusions reach them even when your business did not commit the assault.
• A sublimit that includes defense costs can leave little for settlement; read the defense treatment and any weapons exclusion.
• Check contract insurance requirements against the endorsements, and confirm that umbrella and liquor policies match the primary.
• Documented security measures are the best path to better terms.