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CAPITOL SPECIALTY INS. v. JBC ENTERTAINMENT

No. 68129-0-I.

289 P.3d 735 (2012)

CAPITOL SPECIALTY INSURANCE CORPORATION, Respondent, v. JBC ENTERTAINMENT HOLDINGS, INC., d/b/a JBC Entertainment, Inc., JBC of Seattle, WA, Inc., Gemini Investors; Alpha Capital Partners, Ltd., Appellants, Michael B. Knudsen and the marital community of Michael B. Knudsen and Jane Doe Knudsen; Marquis Holmes and the marital community of Marquis Holmes and Jane Doe Holmes, d/b/a Boss Life Entertainment; and Jackson Jacob Mika, Defendants.

Court of Appeals of Washington, Division 1.

December 10, 2012.

Attorney(s) appearing for the Case

Mark W. Conforti , Ema Virdi-Sehra , Dynan, Conforti, P.S., Tacoma, WA, for Appellants.

Matthew J. McCafferty , Frank Joseph Steinmark , McCafferty & Steinmark PLLC, Seattle, WA, for Respondent.

Michael B. Knudsen , Howard Lee Phillips , Michael Taylor , Seattle, WA, for Defendants.

VERELLEN, J.

¶ 1 This case requires us to consider the application of a firearms exclusion in a commercial general liability (CGL) policy. The exclusion at issue denies coverage for bodily injury and property damage "that arises out of, relates to, is based upon, or attributable to the use of a firearm(s)."1 We conclude the provision unambiguously excludes coverage for all claims arising from the March 2010 shooting at a nightclub...

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