The Burlington Insurance Company v. CHWC, Inc. et al
||The Burlington Insurance Company
||CHWC, Inc., Aurelio Cruz, Jr. and John Nuccio
||November 22, 2010
||US District Court for the Central District of California
||Frederick F. Mumm
||Manuel L. Real
|Nature of Suit:
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|October 13, 2011
JUDGMENT 33 , 40 by Judge Manuel L. Real is hereby entered in favor of Plaintiff and Counterdefendant The Burlington Insurance Company and against Defendants and Counterclaimants CHWC, Inc. dba Crazy Horse Restaurant ("Crazy Horse"), Joh n Nuccio and Aurelio Cruz, Jr., as follows: 1. The Assault or Battery exclusion in Burlington policy number 181BW09888 between Burlington and Crazy Horse bars all coverage and all potential coverage for the claims alleged in the lawsuit in the Califo rnia Superior Court for the County of Los Angeles captioned Aurelio Cruz, Jr. v. Crazy Horse Restaurant, et al., Case No. KC054631 (the "Underlying Action"); 2. The Burlington Insurance Company never had any duty to defend Crazy Horse or Jo hn Nuccio in the Underlying Action; 3. The Burlington Insurance Company has no duty to indemnify Crazy Horse or John Nuccio for the judgment in the Underlying Action; 4. The Burlington Insurance Company has no duty to pay Aurelio Cruz, Jr. any portio n of the judgment in the Underlying Action; 5. Defendants and Counterclaimants Crazy Horse, John Nuccio and Aurelio Cruz, Jr. take nothing and their counterclaims are dismissed with prejudice; and 6. Plaintiff to recover its costs of suit. (MD JS-6, Case Terminated). (lom)
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