222496P.pdf   08/01/2023  Steven Scaglione  v.  Acceptance Indemnity Ins Co
   U.S. Court of Appeals Case No:  22-2496
                          and No:  22-2497
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Loken and Kelly, Circuit Judges] 
   Civil case - Insurance. In these combined appeals, the victim of a 
   shooting in Scaglione's bar sought to enforce a state court judgment 
   against Scaglione and Acceptance, his insurer; Scaglione alleged the 
   insurer had acted in bad faith in refusing to defend or settle the matter 
   and breached its fiduciary duty. The insurer moved to dismiss the claims, 
   citing a provision in the policy in question barring coverage for 
   assault-and-battery claims, and the district court dismissed the claims, 
   finding the victim's claims clearly arose out an assault and battery a 
   patron committed in the bar. The district court did not err in dismissing 
   the matter, as the exclusion was not limited to an assault or battery 
   committed by Scaglione or his employees, and applied to claims by innocent 
   bystanders injured in the course of an assault and battery committed on 
   the premises; Scaglione's negligence in failing to screen patrons for 
   weapons was not independent and distinct from the excluded assault and 
   battery, the concurrent-proximate cause rule does not apply, and coverage 
   is barred.