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SHOOTING A PERSON IN THE BACK TWICE IS NOT AN ACCIDENT  

Great American Alliance Insurance Company ("GAAIC") was granted summary  judgment when the trial court determined that a GAAIC umbrella insurance  policy did not cover an insurance claim made by Star Residential, LLC  ("Star"), and Terraces at Brookhaven, LLC ("Terraces," collectively, the  "Insureds"), based on a shooting injury suffered by Manuel Hernandez  (collectively with the Insured, the "Claimants"). 

 In Hernandez v. Great American Alliance Insurance Company Star  Residential, LLC et al. v. Great American Alliance Insurance Company,  Nos. A22A1147, A22A1211, Court of Appeals of Georgia, Third Division  (October 4, 2022) the Court of Appeals resolved the dispute.  The Issue  The Claimants argued that the trial court erred by ruling that the  umbrella policy did not cover the Insureds\' claims because:  GAAIC\'s conduct waived its policy defenses, and the GAAIC umbrella policy did not "follow form" to certain underlying  insurance that excluded coverage for events using firearms.

 Facts  

The undisputed record showed that Star and Terraces own and/or operate  an apartment complex where Hernandez lived. In May 2017, Hernandez was  shot twice in the back by two assailants as he approached the door to  his apartment one night.