The Court of Appeals of Arkansas has held that an endorsement to a CGL policy containing an assault and battery exclusion barred coverage for claims arising out of a shooting. George v. Great Lakes Reinsurance (UK) PLC, 2015 Ark. App. 36 (Jan. 28, 2015).

Several people were injured at a shooting at a party. Two injured patrons sued the owner of the venue for negligence, and the owner sought coverage under its CGL policy. Its insurer defended under a reservation of rights and filed a declaratory judgment action. On cross-motions for summary judgment, the trial court found that the policy was not ambiguous and granted judgment in favor of the insurer. The insured appealed.

The appellate court affirmed, rejecting the insured’s argument that the endorsement was not a part of the policy because it was not listed on the first page of the policy. The appellate court found that the endorsement was, in fact, listed on the declarations page and that the endorsement itself was initialed by the insured. It also rejected the argument that the endorsement conflicted with the body of the policy, relying on the rule that an endorsement with specific language is controlling.