ATLANTA, GA – The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court ruling that the 2018 Marjory Stoneman Douglas High School shooting constituted a single “occurrence” under Broward County Sheriff’s Office excess liability policy with Evanston Insurance Company.
The dispute arose after 60 lawsuits were filed against the Sheriff of Broward County, alleging negligence in securing the school during the Parkland shooting that killed 17 students and staff members. The Sheriff sought a declaratory judgment that the incident should be treated as one occurrence under the policy, requiring payment of a single $500,000 self-insured retention (SIR) and deductible before Evanston’s excess coverage applied.
Evanston argued each gunshot or victim represented a separate occurrence, which would require multiple SIR payments before triggering coverage. The district court rejected this argument, finding the term “occurrence” ambiguous under Florida law and construing it in favor of the insured…