Case source

Mesa Underwriters Specialty Insurance Co. v. Khamlai Lodging, LLC

Mesa Underwriters Specialty Insurance Co. v. Khamlai Lodging, LLC, 2022 U.S. Dist. LEXIS 70936 (N.D. Ga. 2022)

Source reviewed November 4, 2026

What the source establishes

The court applied Georgia law and the policy’s own definitions of assault and battery. Although the exclusion uses broad causal language, the court held only that Mesa had not shown at the Rule 12(c) stage that every possible set of facts alleged in the amended Tort Action fell within the exclusion. It denied Mesa’s motion for judgment on the pleadings and denied the Claimants’ hearing motion as moot; it did not decide separately whether Mesa owed a duty to defend or indemnify, and the defense described in the opinion was under a reservation of rights. The opinion does not establish that Mesa paid any judgment or that any insured was liable.