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A federal district court in Georgia has ruled that a firearms exclusion in a commercial general liability insurance policy was ambiguous and did not bar coverage of a wrongful death action against the insured.

The Case

Carol Slocumb filed a wrongful death action against Snappy Slappy LLC, d/b/a Jus One More, alleging that her son had been shot and killed by a fellow business invitee at Jus One More. Ms. Slocumb contended that Jus One More's negligent security practices were the proximate cause of her son's death, and she sought damages relating to pain and suffering, burial expenses, and the value of her son's life.

Jus One More notified Hudson Specialty Insurance Company, the insurer that had issued it a commercial general liability insurance policy, of Ms. Slocumb's lawsuit.

Hudson responded that the policy barred coverage for Ms. Slocumb's lawsuit based on, among other things, its firearms exclusion.

Jus One More disputed Hudson's interpretation, and Hudson filed an action seeking a declaratory judgment that it was not obligated to defend or indemnify Jus One More from Ms. Slocumb's suit because it involved the use of a firearm.

Hudson moved for judgment on the pleadings, arguing that losses associated with the use of a firearm were not covered by its policy.

The Hudson Policy

The Hudson policy provided that it did not apply to: “'bodily injury' . . . arising out of the manufacture, importation, sales, distribution, gunsmithing, ownership, maintenance or use of firearms or weapons.”

The District Court's Decision

The district court denied Hudson's motion.