In Tudor Insurance Company v. Ryan's Pub, LLC et al, the insurer sought a declaratory order concerning its coverage obligations to its insured, for whom it was providing a defense in connection with a pending action stemming from a shooting that occurred on the insured's premises. Specifically, the insurer sought an order that any available coverage for the underlying action under the applicable policy was limited to the $300,000 limit set forth in the policy's Assault and Battery Coverage Endorsement. The defendants argued that the declaratory judgment action was not ripe because it had not yet been established in the underlying action if the shooter acted intentionally, recklessly, or negligently. Relatedly, the defendants argued that if the shooter acted negligently, the Assault and Battery Coverage Endorsement would not apply because assault and battery cannot be established through mere negligence. The Court rejected these arguments and explained that assault and battery in the civil context can indeed be established through negligence. Thus, even if the evidence in the underlying action established that the shooter acted negligently, it would not affect the outcome of the declaratory judgment action because the shooter's mental state is irrelevant as to whether there was an assault and/or battery triggering limited coverage under the Assault and Battery Coverage Endorsement. The parties also disputed whether there was sufficient evidence in the record to establish an absence of genuine dispute of whether the shooter's act of shooting and killing the decedent constituted an "assault and/or battery" under the policy. Relying on similar authority as it did on the issue of ripeness, the Court noted that an assault and battery under Connecticut law may be intentional, reckless, or negligent, and thus the shooter's state of mind is not a material fact. For these reasons, the Court granted summary judgment for the insurer and declared that any available coverage for the underlying action under the applicable policy was limited to the aforementioned $300,000 limit.
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