Surprises Behind Assault and Battery
For even the most controlled persons, times may come when self-defense, or the defense of someone unable to protect themselves, may arise. In these cases, the assumption is often that litigation for any violence would naturally not apply.
However, you would be surprised how often assault and battery litigation could still stick. Assault and battery is the combination of two violent crimes: assault, or the threat of violence; and battery, or the actual physical violence.
The intention behind the actions is important. Generally, it is only necessary for the defendant to have the intent to do the harmful act (as opposed to an intention to actually do harm). Essentially, the act must be done voluntarily. Even in cases of self-defense, an intention to do harm or to do a harmful act can result in assault and battery charges.
Additionally, a person claiming self-defense must prove at trial that the self-defense was justified. Generally, a person may use reasonable force, but only what is necessary to repel the attack and nothing beyond that. Otherwise, the defender becomes potentially liable for assault and battery.
Some persons have thought themselves protected from assault and battery charges under liability coverage from, for example, homeowners insurance. However, that is not always true. The insurance generally covers “accidents”, and assault and battery would most likely not be defined as an accident.
For those of us who live or work in situations that can easily lead to physical fights, even in the defensive, would do well to seriously consider additional personal liability insurance. This kind of supplemental liability insurance can save you a mountain of a headache later on. Look to XINSURANCE for a reliable and comprehensive evaluation of your potential liabilities. They can find the right fit for you and provide you with peace of mind through lawsuit protection.
Authored by Rick J. Lindsey, President, Chairman, and CEO of XINSURANCE
Rick J. Lindsey hails from Salt Lake City, Utah. He began working in the mailroom of his father’s Salt Lake City insurance firm, getting his introduction to the business that became his lifelong career. Rick J. Lindsey quickly rose through the ranks while working in nearly every imaginable insurance industry job. As an entrepreneur, specialty lines underwriter, claims specialist, risk manager, and a licensed surplus lines broker, Rick J. Lindsey is highly skilled in all levels of leadership and execution. As he progressed on his career path, Rick J. Lindsey discovered an urgent need for insurers willing to write policies for high-risk individuals and businesses. He was frequently frustrated that he could not provide the liability protection these entities desperately needed to safeguard their assets. He also formed the belief that insurance companies acted too quickly to settle frivolous claims. Rick J. Lindsey decided to try a different approach. He started an insurance company and became the newly formed entity’s CEO. This opportunity has enabled Rick J. Lindsey to fill a void in the market and provide a valuable service to businesses, individuals, and insurance agents who write high-risk business. XINSURANCE also specializes in helping individuals and businesses who live a lifestyle or participate in activities that make them difficult for traditional carriers to insure. If you’ve been denied, non-renewed, or canceled coverage, don’t give up quite yet. Chances are XINSURANCE can help.
