Travelers Commercial Insurance Company v. Marlin et al

On September 1, 2023, Travelers Commercial Insurance Company filed a declaratory judgment action in the United States District Court for the Central District of California against its insured, John Marlin, and a shooting victim, Jane Doe. The insurer sought a ruling that it had no duty to defend or indemnify Marlin’s nightclub in connection with a shooting incident. Travelers argued that the shooting was not an “accident” and fell under the assault and battery exclusion. The court found that the intentional nature of the shooting precluded coverage. In 2024, the court granted summary judgment in favor of Travelers, holding that no coverage was owed. This case clarified the scope of “occurrence” in commercial general liability policies concerning violent acts.

The court granted Travelers’ motion for summary judgment, declaring that Travelers had no duty to defend or indemnify the insured.

Whether the nightclub shooting constituted an “accident” or “occurrence” under the commercial general liability policy and whether the assault and battery exclusion barred coverage.

The decision reinforced insurers’ ability to deny claims for intentional violent acts, providing guidance on policy interpretation for similar insurance disputes across the United States.