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Capitol Indemnity3/27/2003
WHOLE COURT
On February 14, 1999, Derrick Whiting shot James Brown, Jr., in the chest at a sports bar known as Jin's Grill. Brown sued West Atlanta Investigations & Security, Inc. ("West Atlanta"), the firm that provided security at the bar, alleging that West Atlanta's negligent hiring, retention, training, and supervision of security guards, as well as its negligent provision of security services, proximately caused his injuries. The complaint sought both compensatory and punitive damages.
Capitol Indemnity Corporation ("Capitol"), West Atlanta's general liability insurance carrier, subsequently filed this declaratory judgment action, asserting that its insurance policy does not cover Brown's claims. Following discovery, Capitol moved for summary judgment. The trial court denied Capitol's motion, but issued a certificate of immediate review. We granted Capitol's application for interlocutory appeal, and this appeal ensued. For reasons that follow, we reverse.
Summary judgment is appropriate when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The facts in this case are largely undisputed.
On the date of the shooting, West Atlanta was insured through a general liability insurance policy issued by Capitol. That policy, referred to as a "Commercial General Liability Coverage Part," consists of numerous forms. The thirteen-page "Commercial General Liability Coverage Form" outlines the basic coverage, exclusions, conditions, and definitions. The policy also has other forms and endorsements that, as stated in the schedule listing them, are "applicable to all premises and coverages" under the Commercial General Liability Coverage Part. The list includes: "EXCLUSION - ASSAULT OR BATTERY," "EXCLUSION - PUNITIVE OR STATUTORY DAMAGES," and an endorsement for "DETECTIVE AGENCY OR SECURITY GUARD ERRORS AND OMISSIONS/PROFESSIONAL LIABILITY COVERAGE" ("the E&O;endorsement"). These two exclusions and the E&O;endorsement are the focus of this dispute.
The assault or battery exclusion cautions that it changes the policy terms for the Commercial General Liability Coverage Part. Pursuant to the exclusion:
[Capitol has] no duty to defend or indemnify any insured or any other person against any claim or suit for bodily injury, property damage, personal injury or advertising injury, including claims or suits for negligence[,] arising out of or related to any: 1. Assault; 2. Battery; 3. Harmful or offensive contact; or 4. Threat. . . . For purposes of this exclusion, negligence includes but is not limited to claims for negligent: 1. Hiring; 2. Employment; 3. Training; 4. Supervision; or 5. Retention.
The punitive damages exclusion similarly warns that it changes the Commercial General Liability Coverage Part and explicitly exempts from coverage punitive, exemplary, and statutory damages. As stated in the exclusion, " his policy covers only compensatory damages."
The E&O;endorsement, which provides detective agency/security guard professional liability coverage, modifies the Commercial General Liability Coverage Part. The endorsement states:
The insurance provided under this policy shall apply to sums which any insured shall become legally obligated to pay as damages arising out of the rendering or failing to render professional services during the policy period in the conduct of the named insured detective agency or security guard operations.
The parties do not dispute that Whitin
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