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INSURANCE - ADMIRAL INS. CO. V. PRICE-WILLIAMS

Admiral Ins. Co. v. Price-Williams, [Ms. 1110993, Jan. 11, 2013] __ So. 3d __ (Ala. 2013). A fraternity's insurance coverage covered its president and vice president for their negligence or wantonness in failing to institute risk management programs as required by the fraternity's manual and policies. The president and vice president actually participated in the assault on the plaintiff, and that conduct could not be within coverage, because the policy included an exclusion for bodily injury arising out of an assault and battery by any insured or additional insured. However, the president and vice president committed separate acts prior to the evening when the fight occurred when they failed to appoint, for example, a sober monitor to be in charge during the party. These separate acts contributed to the plaintiff's injuries. Because one of the assailants was not a member of the fraternity, he was not an additional insured and so his acts were not within the scope of the exclusion. Because he was a joint tortfeasor with the president and the vice president in their failure to institute risk management programs, the coverage applied.

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