Austin TX April 28 2017 Daniel Magee, a former Dyce Academy pupil, opened fire on security guard Edward Earls after a fracas at a property near the University of Texas in the city of Austin last September.
Mr Earls was shot in the foot and required reconstructive surgery, and has launched a huge damages claim – worth about £4million – against Magee and the Sigma Chi fraternity group, which hosted the house party.
The UK-based Liberty Corporate Capital filed a suit in federal court in Austin this week, arguing its policy does not protect the Alpha Nu chapter of the national fraternity group from lawsuits stemming from the September shooting.
The company also argued that the fraternity violated, and thus voided, the terms of policy – negating any protection.
Magee, who was 18 at the time of the incident, fled the scene but was later caught by police.
He is currently awaiting trial, and is out on bail.
Last night, the insurer’s attorney, Richard Gateley, declined to comment, and no response was received from the Liberty Corporate Capital.
The Sigma Chi fraternity declined to comment.
Born in Houston, Magee moved between Texas and Aberdeen a number of times in his youth due to his father’s job in the oil industry.
It is understood that he studied at Dyce Academy in 2013.
In his original arrest affidavit, it was revealed that he had arrived at the fraternity party “heavily intoxicated” and on the anti-anxiety drug Xanax.
He was asked to leave, but returned to the frat house just under an hour later and shot Mr Earls.
Magee, who police say admitted the shooting, is charged with aggravated assault with a deadly weapon – a first degree felony in the US.
His court case has been reset for the end of next month.