Essex Ins. Co. v. Bhavan, Inc., 2002 WL 1398551, at *1-4 (N.D.Tex. June 26, 2002) (victim shot by an unknown assailant while in insured’s parking lot; court held that assault and battery exclusion precluded coverage for negligence action against insured); Audubon Indem. Co. v. Patel, 811 F.Supp. 264, 264 (S.D.Tex.1993) (“Upon reviewing the insurance policy and the assault and battery exclusion, this Court finds that, as a matter of law, the insurance policy excludes any coverage arising out of the assault and battery committed upon [victim] and his wife [in insured’s motel room] even if the legal theory for which [the insured] is found liable is negligence.”); Burlington Insurance Company v. Mexican American Unity Council, Inc., 905 S.W.2d 359, 362 (Tex.App.-San Antonio 1995, no writ) (<HOLDING>). As applied here, Mitchell’s claims in the
holding that a sexual assault on a youth homes resident was excluded from an insurance policys coverage by an assault and battery exclusion notwithstanding that the claim was couched in negligence holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two holding that coverage arguably existed under an insurance policy for claims against an employer and employees for an alleged assault and battery of bar patrons and that the insurer had a duty to defend holding that claims were clearly excluded from coverage under assault and battery exclusion and therefore insurer had no duty to defend or indemnify holding that allegations of sexual assault by an employee of the church fell within coverage for sexual misconduct