Admiral Insurance Company V R Skye Inc Et Al

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Automated Summary

Key Facts

This is a default judgment case where Admiral Insurance Company (Plaintiff) obtained judgment against R. SKYE INC. and others. The judgment determines that Admiral Policy CA000047444-01 covers Karma Spirits for bodily injuries, but claims for Assault & Battery are excluded from primary Bodily Injury liability and Liquor Liability coverage. Any assault and battery claims would be covered under the Assault & Battery Coverage Provision which has a $100,000 limit of liability, reduced by defense costs. The full extent of Admiral's liability for the Kenjorski claim was $100,000, limited to whatever remains after defense expenses. The judgment was entered on October 14, 2025.

Transaction Type

Default judgment dispute over insurance policy coverage under Admiral Policy CA000047444-01

Issues

  • The court determined that Admiral Insurance policy CA000047444-01 is the liability policy applicable to Karma Spirits covering bodily injuries occurring during the applicable policy period, and assessed whether additional coverage provisions would provide more liability coverage for the Kenjorski claim.
  • The Assault & Battery Coverage Provision has a limit of liability of $100,000, which is eroded or reduced by the amount paid by Admiral for defense costs including attorney's fees, medical examinations, liability experts, and duplication of medical expenses. The full extent of Admiral's liability under the policy was $100,000 limited to whatever remains after payment of defense expenses.
  • Claims for Assault & Battery were excluded from coverage under the primary Bodily Injury liability coverage provision and the Liquor Liability coverage provision, with any potential coverage arising from the Assault & Battery Coverage Provision instead.

Holdings

  • The Assault & Battery Coverage Provision has a limit of liability of $100,000, which is eroded or reduced by the amount paid by Admiral for defense costs, such as attorney's fees, medical examinations, liability experts, duplication of medical expenses, and the like. There is no other coverage provision in the Admiral policy applicable to the Kenjorski claim that would provide more liability coverage for Karma Spirits. The full extent of Admiral's liability under the policy for the Kenjorski claim was $100,000 and is now limited to whatever remains after payment of the defense expenses.
  • Admiral Policy CA000047444-01 is the liability policy applicable to Karma Spirits covering bodily injuries occurring during the applicable policy period. Claims for Assault & Battery are excluded from coverage under the primary Bodily Injury liability coverage provision and the Liquor Liability coverage provision. Any claims arising out of an assault and battery would be covered, if at all, by the Assault & Battery Coverage Provision.

Remedies

The court entered a default judgment for the plaintiff (Admiral Insurance Company) against the defendants. Judgment was adjudged for each item (a) through (f) in favor of the plaintiff. The liability under the Admiral policy for the Kenjorski claim was determined to be $100,000, limited to whatever remains after payment of defense expenses. Claims for Assault & Battery were excluded from coverage under primary Bodily Injury and Liquor Liability provisions. Any assault and battery claims would be covered only under the Assault & Battery Coverage Provision if at all. Motions seeking attorney's fees and/or costs must be filed within the time prescribed in Local Rule 7.01.

Monetary Damages

100000.00

Legal Principles

The court rendered a default judgment in favor of plaintiff Admiral Insurance Company against defendant R. SKYE INC. The judgment determined that Admiral Policy CA000047444-01 is the liability policy applicable to Karma Spirits, but claims for Assault & Battery are excluded from primary Bodily Injury and Liquor Liability coverage. The Assault & Battery Coverage Provision has a $100,000 limit of liability reduced by defense costs. The document also contains a Civil Appeals Jurisdiction Checklist covering appealable orders under 28 U.S.C. Sections 1291, 1292, and 1292(b), time limits for filing notices of appeal under Fed.R.App.P. 4(a), and format requirements for appeals.

Precedent Name

  • LaChance v. Duffy's Draft House, Inc.
  • Williams v. Bishop
  • Rinaldo v. Corbett
  • Gillespie v. United States Steel Corp.
  • Atlantic Fed. Sav. & Loan Ass'n v. Blythe Eastman Paine Webber, Inc.
  • Pitney Bowes, Inc. V. Mestre
  • Budinich v. Becton Dickinson & Co.
  • Cohen v. Beneficial Indus. Loan Corp.

Key Disputed Contract Clauses

  • The Liquor Liability coverage provision is another primary coverage provision under the Admiral policy. Claims for Assault & Battery are excluded from coverage under this provision, alongside the primary Bodily Injury liability coverage provision.
  • The Assault & Battery Coverage Provision is the applicable coverage provision for assault and battery claims under Admiral Policy CA000047444-01. This provision has a limit of liability of $100,000, which is reduced by defense costs including attorney's fees, medical examinations, liability experts, and duplication of medical expenses. The full extent of Admiral's liability under the policy for the Kenjorski claim was $100,000 limited to whatever remains after payment of defense expenses.
  • The Bodily Injury liability coverage provision is the primary coverage provision under Admiral Policy CA000047444-01. Claims for Assault & Battery are excluded from coverage under this provision, which covers bodily injuries occurring during the applicable policy period.

Cited Statute

  • 28 U.S.C. Section 158 covers final orders of bankruptcy courts appealed to and resolved by district court
  • 28 U.S.C. Section 636(c) addresses magistrate judge reports and recommendations not being final until district court judge enters judgment
  • 28 U.S.C. Section 1292(a) permits appeals from orders granting, continuing, modifying, refusing or dissolving injunctions
  • 28 U.S.C. Section 1291 governs appeals from final orders and judgments of district courts
  • 28 U.S.C. Section 1292(b) requires certification before filing petition for permission to appeal in Court of Appeals
  • 28 U.S.C. Section 1746 allows inmates to show timely filing via declaration or notarized statement with deposit date and prepaid postage

Passage Text

  • The full extent of Admiral's liability under the policy for the Kenjorski claim was $100,000 and is now limited to whatever remains after payment of the defense expenses.
  • The Assault & Battery Coverage Provision has a limit of liability of $100,000, which is eroded or reduced by the amount paid by Admiral for defense costs, such as attorney's fees, medical examinations, liability experts, duplication of medical expenses, and the like.
  • Claims for Assault & Battery are excluded from coverage under the primary Bodily Injury liability coverage provision and the Liquor Liability coverage provision.

Damages / Relief Type

Insurance liability determination of $100,000 for Kenjorski claim, reduced by defense expenses