Assault and Battery Exclusion, Negligent Hiring, and General Liability Coverage

A claim involving a stabbing of a tenant by an unknown assailant has come to our attention. Our insured is the property manager and is being sued. The insurer has filed a declaratory judgment action based on the following exclusions: bodily injury arising out of an assault or battery, provoked or unprovoked or out of any act or omission in connection with the prevention or suppression of an assault or battery, committed by any insured or an employee or agent of the insured; bodily injury arising out of any allegation that any insured's act, error, or omission, whether negligent or otherwise, in connection with the hiring, retention, training, supervision, or control of any employees, agents, or representatives, causes or contributed or related to any assault or battery.

We believe that these exclusions should not apply to the property manager since none of his actions or omissions in any way contributed to the assault of the tenant. What is your opinion?

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