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Insurance exclusion clauses - lessons from a U.S. ruling
Business Brief
|BusinessBrief October/November 2025
A recent U.S. federal court decision underscores the power of exclusion clauses in commercial general liability policies - particularly those involving firearms.
Facts of the case
Two patrons of a Georgia-based lounge brought lawsuits after suffering injuries during a violent incident at the establishment. One patron was shot, while the other was trampled in the ensuing panic. Both alleged that the lounge operator failed to provide adequate security despite prior criminal activity in the area.
The insurer sought a declaratory judgment that it had no duty to defend or indemnify the lounge under its policy.
Issues for court determination
The court was asked to determine the following issues:
Whether the insurer had a duty to defend the insured in the underlying lawsuits.
Whether the insurer had a duty to indemnify the insured for any potential liability arising from those lawsuits.
Insurance principles and policy terms
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