Florida Concealed Carry banner
1 - 5 of 5 Posts

·
Registered
Joined
·
236 Posts
Discussion Starter · #1 ·
On another thread regarding immunity from prosecution and civil liability Str8ghtshooter said that some personal injury attorneys will take the case if there is Insurance involved. What kind of insurance? Home owner's? is there something like "gun owner insurance". Is the fact that you have insurance going to make you more likely to be suit like in the medical profession?

Is there a prepaid legal defense insurance for "gun owners" like from the NRA?

Thanks
 

·
Registered
Joined
·
55,261 Posts
I've used Lockton Risk for the NRA liability insurance. A $1,000,000 policy costs me about 400.00 a year as a trainer.

Brownie
 

·
Registered
Joined
·
252 Posts
You may also want to ask whomever issues your current homeowner's or renter's policy. Be sure to ask the right questions. Some policies may cover you for self-defense shooting in the event of a civil suit. I doubt there are many (if any) that will reimburse you for defense of a criminal suit.

If you have liability insurance (homeowner's, renter's, general liability, whatever) call your agent to see what coverage you might have for (a) Personal injury AND property damage liability from a negligent discharge, and (b) personal injury AND property damage liability for self-defense (intentional discharge, whether you hit the intended target, hit someone else's property or hit an innocent bystander.) Also ask whether it matters WHERE the incident occurs. (Whether you're covered only if it occurs at your home/apartment or if it appies when you're out and about.)

My understanding is that some policies will exclude coverage for intentional acts. At least one appellate court in Florida has ruled that a clause in an insurance policy excluding coverage for "intentional acts" would fairly exclude coverage for liability from a self-defense shooting.

If you don't have coverage and want it, boomana's link to the Lockton Insurance program available to NRA members is an option. I am looking into it myself and comparing to the coverage my wife and I have currently.

- Str8Shooter
 

·
Registered
Joined
·
10,558 Posts
On another thread regarding immunity from prosecution and civil liability Str8ghtshooter said that some personal injury attorneys will take the case if there is Insurance involved. What kind of insurance? Home owner's? is there something like "gun owner insurance". Is the fact that you have insurance going to make you more likely to be suit like in the medical profession?

Is there a prepaid legal defense insurance for "gun owners" like from the NRA?

Thanks
According to Florida Statute 776.032 Immunity from criminal prosecution and civil action for justifiable use of force .......

http://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC032.HTM&Title=->2008->Ch0776->Section%20032#0776.032

The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.--

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

History.--s. 4, ch. 2005-27.
Instead of spending money on insurance, you may be better off contacting a good attorney who is experienced in cases such as this, making an arrangement with him that if his service is required you can contact him for representation, and have your "ducks set up in a row" in case you ever require legal counsel for defense of a criminal prosecution and/or civil action for justifiable use of force.
 
1 - 5 of 5 Posts
Top