Markel wins coverage dispute over concert shooting death by security guard

A Markel Corp. unit is not obligated to defend or indemnify a security company whose security guard shot a concertgoer to death under an exclusion in the policyholder’s liability policy, says a federal appeals court in affirming a lower court ruling.

Norman, Oklahoma-based Event Security L.L.C. was hired to provide private security for a July 2013 concert at the Farmer’s Market in Oklahoma City, according to Monday’s ruling by the 10th U.S. Circuit Court of Appeals in Denver in Event Security L.L.C., and Charlesetta Redd v. Essex Insurance Co.

The company hired Paul Galyon, an Oklahoma City police officer, to work off-duty as a security officer at the event. According to the ruling, Brian Simms Jr. was sleeping in a friend’s car in the parking lot when Mr. Galyon and another off-duty police officer working as a security officer approached him.

Shortly after initiating contact, Mr. Galyon opened fire and shot Mr. Simms 12 times, killing him. Both men said later Mr. Simms “had a gun on his lap or in his waistband.”

Event Security and Ms. Redd, on behalf of Mr. Simms’ estate, filed suit against Essex, a unit of Glens Allen, Virginia-based Markel Corp., seeking indemnification the case.

The District Court ruled against the plaintiffs, which a three-judge appeals court panel unanimously upheld.

“Redd’s claims against Security were for its alleged negligence and gross negligence in failing to properly train or supervise Galyon — claims excluded under the liability policy,” said the ruling, in affirming the lower court’s decision.

The decision also affirmed Essex had no duty to provide a defense against any lawsuit seeing damages for bodily injury under the firm’s policy.