In CMS Investment Ventures, Inc. et al. v American European Insurance Company et al., the New Jersey Appellate Division examined a trial court’s granting of declaratory judgment in favor of an insured. The insured landlord filed a claim for defense and indemnification after a tenant who was sexually assaulted in her apartment filed suit under a theory of premises liability. The insurer denied coverage under the Assault and Battery Exclusion of the policy. The trial court found in favor of the insured, holding that the Exclusion was ambiguous and that the insurer was estopped from denying coverage due to a
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