The National Association of Mutual Insurance Companies (NAMIC) is adding fuel to the ire of those saying that a D.C. bill forcing gun owners to purchase liability coverage for firearms will not prevent gun violence.
"[The Firearm Insurance-Amendment Act of 2013] would require gun owners to obtain liability insurance that would cover both negligent and willful acts involving the use of a firearm," said Erin Collins, NAMIC's state affairs manager. "While we understand the intent of the bill may be to reduce the incidence of gun violence and provide compensation for victims, we do not believe this bill would achieve either goal."
Under the law proposed by District of Columbia Councilmember Mary Cheh, the state's current 2,000 registered gun owners and all future buyers would have to take out a $250,000 policy covering damage from any gun use, even willful and illegal acts.
Failure to comply with the policy would call for immediate revocation of the gun owner's registration, license and any other privileges to own a firearm.
Cheh says that it will create a more careful gun culture, and provide a source of compensation for those injured by firearms.
However, one of insurance's basic tenets is that it does not cover illegal acts. Typical homeowner's policies already cover unintentional discharge that causes injury or property damage.
NAMIC's Collins says, "Liability insurance covers negligence. It does not cover criminal or intentional acts. With regard to guns, liability insurance would cover accidental events and injuries, but not an intentional use of a weapon to inflict harm. In much the same way that a person would not be covered by their auto insurance if they chose to run someone down with their car, a person is not covered by insurance if they choose to hurt someone with a gun."
Seven states, including California, Connecticut, Massachusetts, and New York, have proposed similar bills, but it does not seem that Washington, D.C. will pass Cheh's legislation, according to testimony made yesterday by the Chester A. McPherson, deputy commissioner of the state's Department of Insurance, Securities and Banking.
"The Administration is committed to the Second Amendment rights of our residents and protecting the safety of everyone in the District. However, the Executive is not convinced that there is currently a persuasive argument to support the need for insurance for firearms in the home," said McPherson.
He continued, "The Department is aware that several other states have offered similar bills mandating insurance coverage for firearm owners. However, to date, none of the bills have been enacted. Consequently, there is little experience- that is, there is no data- for either carriers or regulators to analyze and evaluate the underwriting and claims experience for this type of coverage."
The Insurance Information Institute (I.I.I.) notes that gun owners can buy a $1 million umbrella policy for about $150 per year, and the National Rifle Association (NRA) offers an accident-insurance plan to its registered members.
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