An insurer said it doesn't owe coverage to a security company or one of its employees for an underlying suit over a shooting and a related $500,000 stipulated judgment, telling a Nevada federal court Monday the shooting wasn't an accident and therefore doesn't qualify as an occurrence.

Kinsale Insurance Co. contended in an amended complaint that it has no duty to defend or indemnify Blackbriar Protective Services LLC or armed security guard Cory Nash in an underlying suit brought by Jorge Abarca, who alleged he was shot by Nash.

"The policy only provides liability coverage for bodily injury caused by an occurrence," which is defined as an accident, the insurer said. "Since Nash's shooting does not qualify as an occurrence, the insuring agreement of the policy is not triggered."

According to court filings, Nash was employed by Blackbriar as an armed security guard to patrol a Las Vegas cannabis dispensary.

Abarca alleged in the underlying suit that he entered the dispensary's parking lot in December 2022 while waiting for a bus and was immediately approached by Nash, who verbally assaulted him and physically attempted to remove him from the lot. Abarca said Nash shot him in the left and right leg as he was attempting to flee.

The underlying suit, which was filed against Blackbriar, Nash and the dispensary in Nevada state court in March 2023, asserted claims for negligence; negligent hiring, training, supervision and retention; gross negligence; negligence per se; and vicarious liability. The dispensary also filed crossclaims against Blackbriar, asserting that the company was contractually required to defend and indemnify the dispensary, according to court filings.

Kinsale, which insured Blackbriar under a commercial general liability policy, said it denied coverage for the underlying suit.

The insurer added that Abarca made a policy limit demand to Kinsale on Aug. 18 and several days later demanded payment of a $50,000 judgment that the dispensary won against Blackbriar for its crossclaims. Abarca entered into a $500,000 stipulated judgment against Blackbriar on Sept. 5, which he also seeks to recover from Kinsale, according to the insurer.

While the insurer contended that coverage was never triggered in the first place, the policy's expected or intended injury exclusion and assault and battery exclusion would ultimately bar coverage. The duty to defend exclusion also states that there is no duty to defend when there is no coverage under the policy, Kinsale said.

As such, the insurer said it has no duty to defend or indemnify Blackbriar or Nash in connection with the underlying suit, and also no obligation to Abarca.

Representatives of the insurer and Blackbriar did not immediately respond to requests for comment Monday. Contact information for Nash and Abarca was not available.

Kinsale is represented by Amy M. Samberg and Dylan P. Todd of Clyde & Co. LLP.

Counsel information for the defendants was not available.

The case is Kinsale Insurance Co. v. Cash et al., case number 2:25-cv-01651, in the U.S. District Court for the District of Nevada.