In Capitol Specialty Insurance v. JBC Entertainment Holdings, Inc., et al., No. 68129-0-I, 2012 Wash. App. LEXIS 2835 (Ct. App. Dec. 10, 2012), the Washington Court of Appeals held a firearms exclusion in a commercial general liability (CGL) policy unambiguously excludes coverage for all claims arising from a nightclub shooting regardless of who used the firearm, including those claims characterized as pre-shooting negligence. The court distinguished the holding from those claims where there are allegations of post-shooting acts that lead to further injury or harm to the claimant.

Policy and Firearms Exclusion at Issue -

Capitol Specialty Insurance Corporation (Capitol) issued a CGL insurance policy to JBC Entertainment Holdings, Inc. (JBC) that provided “[w]e will pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which this insurance applies.” The policy contained a firearms exclusion at issue in the case, which excluded from coverage “’[b]odily injury’ or ‘property damage’ that arises out of, relates to, is based upon, or attributable to the use of a firearm(s).”