In Britamco Underwriters, Inc. v. Norm’s Union Station, Inc. dba Young Ray’s Bar, et al. (DC Pa 1992), an alleged injury was claimed to be caused by an intentional act, an assault, which Norm’s Union Station was negligent in not preventing. In this case, the identity and intent of the alleged assailant was unknown and a question of fact was raised as to whether there was an assault within the meaning of the policy’s exclusion.
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