Lawsuits and insurance

[Monkeyleg]

I'm sure this topic has been covered before, but the thread about the scumbag here in WI suing the doctor who shot him got me to thinking again.

So, I called my insurance agent to ask if I was covered for legal expenses if I were involved in a shooting. I was told that, as long as the shooting had been deemed justified by the DA or a jury, the insurance company would pay legal costs.

I then explained that I had a FL non-resident permit and carry in other states, and asked if I would be covered if I were involved in a shooting in another state and the perp or his family decided to sue.

Again, I was told the insurance company would cover legal costs.

Very reassuring.

 

[Pilgrim]

Can you find it in your insurance policy? Did you get your agent's opinion in writing?

Pilgrim

 

[Lone_Gunman]

I would say it would depend on the type of insurance policy you have.

What kind do you have?

 

[brickeyee]

Homeowners insurance provides general liabiltiy in almost all cases unless you are breaking the law.
They will not pay to defend you from criminal prosecution, only civil torts.

 

[Lone_Gunman]

If you have some type of specific self defense policy, could a plaintiff's attorney use this to convince a jury you were just itching to shoot someone?

In other words, most people don't have that kind of insurance, so it kind of puts you in an odd category of people who think more than the average person about shooting someone.

 

[Monkeyleg]

"Homeowners insurance provides general liabiltiy in almost all cases unless you are breaking the law."

In talking with my agent, that was the caveat: as long as my actions (shooting, in this case, God forbid) are legal, then the insurance company will cover civil liability costs (legal, etc).

Some night when I have absolutely nothing to do but read legalese, I'll see if I can't find the specific language.

 

[Biker]

I've been sued in civil court twice - both times for instances on my property - and my HO's insurance covered me both times.
Just be sure that you're in the right.

Biker

 

[Hawken50]

o.k. i seem to remember reading on some forum or another a few months ago that a homeowner was sued by a criminal he shot in self defense. the homeowners insurance company would not pay for his defense because, the ins. co. said, his policy covered accidental injuries, and even though the homeowner was cleared of any wrongdoing, the injury was intentional, not accidental. i seem to recall the homeowner then sued the insurance company and lost. i think it happend in NY.

anybody else hear of this or is it just a figment of the interweb?

 

[jnojr]

If you get the cheapest insurance you can find, you're likely to run into problems when you try to collect.

Pay a little more and use a real, reputable insurance company and agent.

 

[Green Lantern]

While we're on the subject, anyone have an opinion of the NRA's self-defense insurance? If I recall correctly, it's $165 a year for $100,000 civil and $50,000 criminal defense, but don't quote me on that...

 

[MillCreek]

I have posted on this topic several times on this forum. I would be very dubious as to your agent's representations. In a nutshell, in the majority of states, a self-defense shooting and the civil or criminal liability thereto, is not covered by your standard homeowner's insurance. This is due to the 'intentional act' coverage exclusion. Most states have appellate law establishing that a deliberate shooting, as opposed to an accidental shooting, is not covered by homeowners insurance as it is considered an intentional act, even if done for the purposes of self-defense. If you shoot someone accidentally, there usually is coverage. Unless you have something in writing from the insurance company itself saying that any civil liability for a self-defense shooting is covered, you are not covered. The insurance company is not necessarily bound by the agent saying there is coverage.

Most homeowners' insurance policies do not explicitly say anything at all about coverage for civil liability for a self-defense shooting. In some very rare cases, there may be some wording in the policy defining an 'intentional act exclusion' and a shooting may be listed as one of those acts. But the 'standard' policy, as published by the Insurance Services Office, is silent on the whole matter. That is why in order to get a definitive answer in your state, you must get something in writing from your insurance company, or hire a lawyer to examine the appellate law in your state to see if there have been any court rulings on this matter. Or, since most states now have their appellate law database on line, you can do your own search. A good search strategy is to use the terms 'insurance coverage self defense shooting' or other words of your choice.

Please search the forum for details in my earlier posts. I do insurance and liability for a living, and spend a lot of time interpreting insurance policies. As we like to say in the insurance world, if you want to know what is covered: RTFP. Read the flaming policy. But in some cases, reading the policy is not enough, since the courts have interpreted the policy language for coverage. This is one of those cases.

 

[Pilgrim]

While we're on the subject, anyone have an opinion of the NRA's self-defense insurance? If I recall correctly, it's $165 a year for $100,000 civil and $50,000 criminal defense, but don't quote me on that...

Self-Defense Coverage

Introducing new protection for defending yourself in the courts and in your home.

An exclusive offer for NRA members only.

Now there is insurance available to back up NRA members who need extra protection not found in most homeowners' policies.

The new Self-Defense coverage is a rider to the Excess Personal Liability coverage. It provides civil defense and liability and criminal defense reimbursement if you are involved in an act of self-defense.

What is Covered

* Provides coverage up to the limit selected for bodily injury or property damage caused by an act of self-defense.
* Cost of civil suit defense is provided in addition to the limit of liability for bodily injury and property damage.
* Criminal Defense Reimbursement for alleged criminal actions involving self-defense when you are acquitted of such criminal charges or the charges are dropped.

Liability Limit Options

* $100,000 Combined Single Limit with $50,000 criminal defense reimbursement sub-limit
* $250,000 Combined Single Limit with $50,000 criminal defense reimbursement sub-limit

Click here to apply for Self-Defense coverage today!

Note: The above descriptions are a summary and not complete descriptions of all terms, exclusions and conditions in the master policy on file at NRA Headquarters.