Insurance for CIVIL liability suit in Self Defense Injury or Death

Insurance for CIVIL liability suit in Self Defense Injury or Death

This is a discussion on Insurance for CIVIL liability suit in Self Defense Injury or Death within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; There was some talk a few months ago about insurance. As a 32 year practitioner in the field my curiosity was raised today to review ...

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  1. #1
    Member Array Bag Man's Avatar
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    Insurance for CIVIL liability suit in Self Defense Injury or Death

    There was some talk a few months ago about insurance. As a 32 year practitioner in the field my curiosity was raised today to review my own insurance policy (Homeowners and Umbrella policy). Keep in mind that even if you do not have criminal charges filed or are found innocent,(criminal defense costs are for another subject), an injured party or the deceased relatives will likely file a civil liability suit for damages. Most homeowner's insurance policies under the liability section will respond to these suits. Check under the exclusion section where it describes exclusions for "intentional injury". Many liability policies include an exception to the intentional injury exclusion for "bodily injury resulting from the use of reasonable force to protect persons or property." If the exclusion includes this exception, or one similar, the intentional injury exclusion will not apply to circumstances where the insured uses reasonable force in defending himself, others, or property.
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  2. #2
    Member Array mfcmb's Avatar
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    My concealed carry instructor warned us that most homeowner policies only cover "accidental" damage to persons or property, and that "intentionally" shooting someone in self defense is often not covered. Later I called my insurance agent, who called the underwriting department at my insurance provider, then called me back saying that my policy has "some sort" of coverage applicable to shooting in self defense. I never followed up, or read through the policy thoroughly to find out exactly what that meant. Maybe it's time I did....

  3. #3
    Member Array Kenny256's Avatar
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    I never thought of this... I will have to call my insurer soon.
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  4. #4
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    Thanks for the info. In Texas, if you use deadly force to protect yourself, and it is determined to be justifiable, you are immune from civil action.
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  5. #5
    Member Array basher052's Avatar
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    Quote Originally Posted by Bag Man View Post
    (criminal defense costs are for another subject .
    The exact reason I have carried a Pre Paid Legal membership for the last 5 years
    Andy
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  6. #6
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    I'll check my homeowners right away. The NRA offers ins for the criminal defense, not civil. Although some state statutes forbid BG or heirs from filing a civil suit, anything that can happen will happen. (peter principle #13)
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  7. #7
    Member Array OldFatMan's Avatar
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    Thanks. I just sent my agent a note to get the umbrella policy process started. BTW, I've got pre-paid legal as well but it specifically excludes any criminal case. It paid for itself in a traffic incident!
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  8. #8
    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by TX-JB View Post
    Thanks for the info. In Texas, if you use deadly force to protect yourself, and it is determined to be justifiable, you are immune from civil action.
    As far as I know, FL is the same way. If you're justified, you're justified.
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  9. #9
    Distinguished Member Array kazzaerexys's Avatar
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    NRA offers both through Lockton Risk. The civil insurance is called Excessive Liability coverage, and the criminal defense insurance is the Self Defense rider on the former. I started carrying both a couple of years ago.
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  10. #10
    Member Array Biomortis's Avatar
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    All encompassing Stand Your Ground/Castle Doctrine in effect here in Georgia. No duty to retreat ANYWHERE. One of the few things they've gotten right....of course considering all the places you can't carry in Georgia it doesn't help as much as it should. The result is that you are immune from civil.
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  11. #11
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    If your residence is FL, and you are not found guilty in a defensive shooting, the dirtbag or his family cannot file suit against you.
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  12. #12
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by TX-JB View Post
    Thanks for the info. In Texas, if you use deadly force to protect yourself, and it is determined to be justifiable, you are immune from civil action.
    Although what you say is true, in the meanwhile we lawyers need to be paid while we are defending the civil suit against you to prove your right to immunity [proving that the shooting is a justifiable homicide]. That is another reason that the insurance coverage is needed.
    Live every day so that you can, with a clear conscience, look all men in their eyes and tell them to go to hell.

  13. #13
    Distinguished Member Array tiwee's Avatar
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    Good on Missouri legislature:
    RSMo 563.074
    1. ......a person who uses force.......(in self defense).....is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability.
    2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.

    So it looks like if it is a good shoot, the bad guys family will have to pay for your attorney etc if they try a civil action over the affair.

  14. #14
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by tiwee View Post
    Good on Missouri legislature:
    RSMo 563.074
    1. ......a person who uses force.......(in self defense).....is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability.
    2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.

    So it looks like if it is a good shoot, the bad guys family will have to pay for your attorney etc if they try a civil action over the affair.
    This is just peachy. I am trying to remember the last time that the bad guy's family had the money to pay the attorney on the other side.
    Live every day so that you can, with a clear conscience, look all men in their eyes and tell them to go to hell.

  15. #15
    Senior Member Array digitalexplr's Avatar
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    Quote Originally Posted by TX-JB View Post
    Thanks for the info. In Texas, if you use deadly force to protect yourself, and it is determined to be justifiable, you are immune from civil action.
    Missouri is the same. It's part of our Castle Doctrine.
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