Author Topic: Concealed Carry + Insurance???  (Read 3973 times)

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Offline Grendel

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Re: Concealed Carry + Insurance???
« Reply #15 on: November 07, 2013, 11:30:17 PM »
Shall we continue the discussion of CCW insurance?

If only...
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Offline 1SOW

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Re: Concealed Carry + Insurance???
« Reply #16 on: November 07, 2013, 11:51:49 PM »
I always think of concealed carry AS BEING the x-tra insurance.

NRA1945

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Re: Concealed Carry + Insurance???
« Reply #17 on: November 08, 2013, 12:35:25 AM »
I'd like to discuss this further so long as there were real, legitimate companies offering it. Has any of these companies been put to the test? Any examples of justified shooting cases where they came through?

Offline hensc

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Re: Concealed Carry + Insurance???
« Reply #18 on: November 08, 2013, 09:20:49 AM »
Shall we continue the discussion of CCW insurance?

My own take is IF you wish to get some sort of insurance on your own, that is always a good idea. However, I would strongly disagree with anyone FORCING me or any other CCW permit holder to BUY any kind of mandatory insurance to exercise a right. I a lawyer on retainer is even better, but who can afford that. ;)
AZ has not only a law on no civil liability for justified actions, we have a Constitutional Amendment that states that criminals may not sue victims for justified acts. It has not yet been tested in court, to the best of my knowledge.

WA holds one harmless criminally and civilly for justifiable use of force:

RCW 9A.16.110 Defending against violent crime ? Reimbursement.

(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime ? .

(2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award.

? .

Skook and Mr. A,

I believe KY has similar statues but how does one prove his/her actions are justifiable? Wouldn't we still have to hire a lawyer for that?

While I'm inclined to get insurance, I'm not a fan of the marketing tactics used by USCCA... "oh if you don't get our products, not only will you live with the fear of potentially killing or maiming someone, but you will also go broke because there will be neverending lawsuits to break you... "

That's the message I got from them... now where is that sarcastic smiley?
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Offline Skookum

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Re: Concealed Carry + Insurance???
« Reply #19 on: November 08, 2013, 02:16:46 PM »
Quote from: hensc link=topic=59516.msg385867#msg385867
I believe KY has similar statues but how does one prove his/her actions are justifiable? Wouldn't we still have to hire a lawyer for that?

If you are charged criminally it would be wise to retain an attorney.  I assume the burden of proof is on the state to demonstrate your actions were unlawful.  If found not guilty by justifiable use of force, I assume you would then be immune from any civil suit.

In a civil suit with no guiding decision from a criminal case, having an attorney would be wise to help demonstrate your actions to be justifiable.  In both criminal and civil court in WA, this determination is made by the judge based on the preponderance of the evidence.

Perhaps the biggest benefit of WA's make-my-day law is that it provides a disincentive for trivial criminal and civil actions.  FL's make-my-day law worked this way in a case I'm not allowed to mention here, until political pressure and corruption were brought to bear to trump law, facts, and reason.

I assume any insurance policy would also require one to prove justifiability of one's actions before kicking in, or else bad guys would be gobbling such policies up.

Quote
While I'm inclined to get insurance, I'm not a fan of the marketing tactics used by USCCA... "oh if you don't get our products, not only will you live with the fear of potentially killing or maiming someone, but you will also go broke because there will be neverending lawsuits to break you... "

That's the message I got from them... now where is that sarcastic smiley?

I can see a metropolitan modern liberal-progressive prosecutor using your ownership of such a policy against you ? a license to shoot?

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Offline Skookum

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Re: Concealed Carry + Insurance???
« Reply #20 on: November 08, 2013, 02:26:05 PM »
I would strongly disagree with anyone FORCING me or any other CCW permit holder to BUY any kind of mandatory insurance to exercise a right.

You mean kinda like being forced to buy health insurance to exercise your rights to life, liberty, and the pursuit of happiness?  SCOTUS recently said that can't be done, but the government may tax you if you don't buy the kind of insurance they want you to own.

"You want to buy a gun?  Fine, we can't stop you, but you need to have a liability insurance policy for that gun or we'll fine you.  You want to carry that gun?  Again, we can't stop you, but you'll need a platinum policy or we'll fine you."

It's just a matter of time.
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CZ 83, 9 Browning Court, Satin Nickel
CZ 75 Compact, 9 Luger, Dual Tone — Satin Nickel/Matte Blue
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CZ 83, 7.65 Browning, Glossy Blue
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Offline nalioth

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Re: Concealed Carry + Insurance???
« Reply #21 on: November 08, 2013, 03:12:54 PM »
I believe KY has similar statues but how does one prove his/her actions are justifiable? Wouldn't we still have to hire a lawyer for that?
In Texas, all deadly force incidents go before a grand jury.

If you're no-billed by this jury (the jury found your actions were within the law), you're safe from civil suits.

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NRA1945

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Re: Concealed Carry + Insurance???
« Reply #22 on: November 08, 2013, 08:43:50 PM »
Again I ask... has anyone got any examples of justifiable shootings where one of these insurance companies came through with any aid in lawyers fees or payments?