Limits

Definitions

Section I–Insuring Agreement

Exclusions

Defense Payments and Expenses/Section II – Who is an Insured

Section IV–Conditions

Section V–Extended Reporting Periods

Personal Firearms Liability Insurance

Definitions

Exclusions

Self-Defense Insurance

U.S. Law Shield

Summary

 Introduction

The second amendment was adopted in December of 1791. The Supreme Court has declared that it applies to individuals as well as local governments, and that the right is not unlimited, nor does it prevent regulation of firearms. As of July 2016, there were over 14.5 million concealed carry permits in the United States. But permits are just the beginning; there are roughly 300 million guns owned by Americans, more than any other country on the planet. Not only do millions of Americans own and actively carry guns, but many states now have "shoot first" or "stand your ground" laws. In general these laws allow a person to use deadly force in self-defense in public without a duty to retreat. The shooting of Trayvon Martin in 2012 brought these laws to the forefront of everyone's attention. The shooter, George Zimmerman, claimed he was acting in accordance with Florida's stand your ground law and was acquitted of second-degree murder to the dismay of many. Many see the shoot first laws as a threat to public safety, although currently twenty-seven states have such laws.

 Once a person shoots however, then what? Police are certain to be involved and the shooter will likely end up in court. The homeowners policy provides a duty to defend the insured for injury or property damage caused by an occurrence, even if the suit is groundless, false or fraudulent. But that is for a claim or suit for injury or damage, and not a criminal case. The homeowners policy does not agree to defend the insured if he has been charged with a crime and no lawsuit is involved.

 If the injured party sued the insured, then the carrier would defend the suit. Intentional injury is covered when the insured uses reasonable force to protect persons or property. If an insured shoots someone because he is afraid for his life and the person in question files suit, the policy would provide a defense for those injuries, but not for the criminal charge.

 Because there is such a large number of gun owners in the country, various groups have developed coverage for those gun owners with concealed carry licenses. Tailored to the gun owner, these policies contain coverage for immediate bail funds and retention of a criminal attorney, along with a crisis response team to walk you through the situation from start to finish.

United States Concealed Carry Association

The United States Concealed Carry Association (USCCA) provides a policy for its members. It is designed to provide coverage after an insured has fired his weapon in self-defense. It first lists steps to take in event of a shooting. It advises the insured to call 911 and explain that he was attacked, feared for his life and had to defend himself, and to request both police and an ambulance be sent to the location. Next the insured is to call the Critical Response Team. This team will guide the insured through immediate bail bonding, retaining an attorney, crisis support and benefit management. Once the police arrive the insured is advised to repeat the original statement; he was attacked, feared for his life and had to defend himself. Then he is to point out evidence and witnesses, request medical attention if needed, and state that he will cooperate fully but needs his attorney. It is advised that the insured say no more until an attorney is present. The insured is advised to expect to be handcuffed for safety reasons.

The USCCA provides a free guide of what to expect when the police arrive. It outlines that the insured will be detained and possibly arrested, the gun will be seized and held as evidence, the insured will be questioned at the scene and again at the police station, the insured will quickly need to hire an attorney, the insured may have to post bail or bond to be released, and if the offices put together their official reports and think the insured is guilty of a crime, a report will be sent to the District Attorney. The guide explains what happens at each of these steps, why it happens, and what to do. It emphasizes that having concealed carry coverage will make it easier for the insured to get released on bail, hire and attorney, and other things most law abiding citizens are unfamiliar with.

Limits

The limits under the USCCA policy are broken into three levels, silver, gold and platinum.

Since the policy itself is owned by Delta Defense LLC that designates USCCA members as insureds, there is no individual underwriting. The policy is issued by United Specialty Insurance Company. As with most policy limits, the limits listed on the declarations is the most paid per claim regardless of the number of insureds, claims or suits brought, or persons making claims or suits. The bail bond limit is the most for the cost of bails bonds associated with any criminal charges against the insured. Payments for bail bonds are subtracted from the criminal defense limit shown in the declarations. Under the silver level, if bail is posted for $25,000 then the amount left for criminal defense is $25,000, not $50,000. The criminal defense limit covers legal fees, costs, and expenses of the insured for the investigation and defense of a criminal charge or proceeding that arises out of an "occurrence".

Unlike many policies, the policy may pay the insured's retention amount in paying the loss in order to get it settled, and have the insured reimburse the carrier for the retention limit that it paid out. The retention limit applies to each claim and there is an annual aggregate retention limit as well. This limit is the maximum retention limit for all claims during a policy period.

Definitions

Because this is a specialty policy there are numerous definitions not found in other policy forms.

An "act of self-defense" is the act of defending one's person or others by the actual or threatened use of a firearm or other weapon that is "legally possessed".

The definition of "bodily injury" is standard and applies to injury, sickness or disease sustained by a person including death.

"Conviction" in the entry by a trial court of a judgment, order or ruling finding the person guilty of a crime regardless of the plea entered by the person in question. This does not include the insured's "conviction" for a conceal carry or similar law.

"Covered legal liability" is the legal liability arising out of a non-insured's use of a stolen firearm- the firearm must be a "safeguarded firearm" or a firearm stolen from a "secured location" or "secured auto" or taken from the "personal possession" of the insured due to a robbery. Coverage applies only if the theft of the firearm is immediately reported. A "safeguarded firearm" is one that has its operation disabled by a trigger lock, breach lock, or fire mechanism detachment. The weapon will not fire without some action to counteract or unlock the safety mechanisms. A "secured location" is the insured's home, temporary residence or office that has been locked or otherwise secured to prevent access by others. In order for an auto to be considered a "secured auto" the firearm must not be visible from the outside and the auto has been locked or otherwise secured to prevent entry by other parties.

A number of definitions are standard ISO wording with a few adaptations to accommodate the firearms.

The "coverage territory" is the United States, its territories and possessions.

"Employee" includes a "leased worker" but not a "temporary worker". A "leased worker" is one leased to the insured by a labor leasing firm to perform duties related to your business but does not include a "temporary worker" which is a person supplied to substitute for a permanent "employee" on leave or to meet seasonal or short-term demands.

"Damages" is the amount an insured is legally obligated to pay as a result of a judgment, adjudication or settlement of any claim alleging "bodily injury" or "property damage" arising out of the use of a legally possessed firearm or arising from a "covered legal liability". Damages does not include fines, judicial sanctions, penalties, punitive or exemplary damages or multiples of compensatory damages. The "insured location" is the residence premises, part of any other premises used as a residence, or any other place where the insured can legally use a firearm. This allows the insured to be at a store, restaurant, park, virtually anywhere if he can legally carry a weapon to that location.

"Occurrence" is the use of a "legally possessed" firearm or other weapon in an act of self-defense by the insured.

"Policyholder" is the entity identified on the declarations page as the "policyholder".

A "suit" is a civil proceeding in which "damages" because of injury or damage to which this insurance applies are alleged. Included in a suit is arbitration proceedings where damages are claimed and the insured must or does submit with the carrier's consent, or any other alternative dispute resolution proceeding the insured submits to with the carrier's consent.

"Property damage" is physical injury to property including loss of use of that property, or loss of use of tangible property that is not injured, and all such loss of use is deemed to occur at the time of the physical injury.

The remaining definitions are specific to gun owners.

"Legally possessed" is when the insured is authorized by local, state, federal, or other jurisdictional law to own or use a firearm or other weapon. This includes the use of a firearm regardless of any violation of a concealed carry law.

"Personal possession" is what it sounds like, having a firearm upon the person.

Section I-Insuring Agreement

Section I consists of the insuring agreement, exclusions, defense payments and expenses. Portions of the form contain standard ISO language, so parts will be familiar. Due to the nature of the policy standard language will be tailored to the subject at hand, and different language will appear.

As is typical of any liability policy, this policy pays on behalf of the insured for damages because of bodily injury or property damage for which the insured is liable arising out of an "act of self-defense", or "covered legal liability" arising out of a non-insured's use of a stolen "safeguarded firearm", firearm from a "secured location" or "secured auto" or taken from the "personal possession" of the insured arising out of a robbery. The liability for the non-insured's use of a stolen firearm applies only if the theft is reported to the police upon discovery. This is unique coverage; it is providing coverage when the insured is held liable for the acts of someone not insured under the policy and using the insured's stolen firearm. Now, in order for the coverage to apply the stolen firearm must have been stolen from a secured location or been disabled in some manner, such as by a trigger lock, and the theft must be reported promptly. A number of things come into play here; if the insured leaves a gun unsecured and a child takes it and shoots another child, the insured is likely to be found liable for some part of the damages. This policy will not respond in that event since the gun was unsecured. If a thief breaks into a locked home and steals a secured gun, and then uses the gun to commit a theft and shoots another person, the chances of the insured's being seen as legally liable for the actions of the thief are slim. If for some reason the insured was found legally liable, this policy would provide coverage.

The policy contains the standard duty to defend language; the carrier will defend any "suit" seeking damages to which the insurance applies. Since criminal charges may be involved, the duty to defend ends when the insured has been convicted for any criminal charges arising out of the use of a firearm or other weapon related to the "occurrence" or the "covered legal liability" covered under the policy. As always, the duty to defend ends when the limit has been exhausted.

But what about the homeowners policy? Doesn't it provide liability coverage for the insured for his legal liability in the use of a gun? Maybe. The standard HO 00 03 provides coverage for injury or damage caused by an "occurrence" to which the insured is legally liable. An "occurrence" is an accident that results in injury or damage. The accident must be from the insured's point of view. The theft of his gun and shooting of an innocent person by a thief is an accident from the insured's point of view. There is no exclusion for use of firearms in the homeowners policy, so if the insured was found legally liable for the actions of the thief there could be coverage, at least coverage to defend. The suit may be groundless, false or fraudulent, but must stem from an "occurrence" to which this coverage applies. While it seems strange that the homeowners policy would provide coverage for the insured for actions of a thief, if the insured was somehow found legally liable, there would be a defense.

Expected or intended injury or property damage when it is the result of the actions of the insured is excluded, even if it occurs to a different party than expected. The only exception is the use of reasonable force to protect persons or property. The insured does not have to be on the residence premises at the time of injury for loss to be covered. So under the homeowners policy, an insured shooting in self-defense would be defended by the policy. In Economy Fire & Casualty Co. v. Iverson, 445 N.W.2d 824, 1989 Minn. LEXIS 234 (Minn. Sept. 22, 1989) the insured had an uninvited guest appear at a party who became argumentative; the insured threw him out, and the uninvited guest threatened to return and kill the insured. The uninvited guest did return a few hours later and came in through the side door, wherein the insured shot him in self-defense. The uninvited guest sued for assault, loss of consortium, and negligence. The insured turned the case over to his insurer, who denied that it had a duty to defend because the actions were not an "occurrence" and injuries to the party were "intended and expected". The insured filed suit and the court found that the insurer was required to provide a defense, but had no duty to indemnify since the finding of self-defense eliminated the liability of the insured.

In another case, Preferred Mut. Ins. Co. v. Thompson, 23 Ohio St. 3d 78, 491 N.E.2d 688, 1986 Ohio LEXIS 609, 23 Ohio B. Rep. 208 (Ohio Apr. 11, 1986) the insured owned a mobile home park and was awakened by someone throwing rocks at his home. He went out to confront the rock thrower and they scuffled, breaking the rock thrower's leg. The rock thrower continued to move towards the insured and the insured shot the thrower. The thrower filed suit and the insured contacted his carrier who denied the claim due to intentional acts and business pursuits. The court found that while the shooting in self-defense was an intentional act it was not an intentional tort to deny coverage under the insurance policy. The court found that defense of the claim was required as was payment of any judgments rendered by any jury against the insured.

Coverage in the self-defense liability coverage form applies only if the injury or damage did not occur before the insured's membership in the USCCA, the injury or damage is caused by an "occurrence" or arises due to a "covered legal liability" that takes place in the coverage territory, the injury or damages did not occur before the retroactive date in the declarations or after the end of the policy period, and the claim is made during the policy period or any extended reporting periods as listed in the policy. Claims are considered made when notice is first received and recorded by the policyholder or the carrier, whichever is first. All claims of damages or injury to the same person are considered to be made at the time the first claim is made against an insured. So if subsequent claims related to the initial claim are made over the next few weeks, they are considered part of that initial claim.

Exclusions

The next section deals with exclusions. The exclusions are fairly straightforward; criminal acts, unless they arise from an "act of self-defense" are excluded. Contractual and employer's liability are excluded with standard language, as are professional services and war. The professional services exclusion applies even if the incident arose from a "covered legal liability" that involved any professional service. Non-insureds are excluded except for the "covered legal liability" coverage that is provided. Occupational use, which is the insured's providing security or safety services for a fee or compensation and the use of or carrying a weapon is required is excluded. As this is a liability policy, damage to property the insured owns, rents, or occupies is not covered, nor is damage to electronic data or mysterious disappearance of a firearm or other weapon.

Defense Payments and Expenses/and Section II – Who is an Insured

The first section of defense payments is standard. All expenses incurred by the carrier, the cost of bail bonds up to the policy limit, the cost of release attachment bonds, reasonable expenses incurred by the insured to assist with the investigation and defense of the claim, including loss of earnings, court costs taxed against the insured but does not include attorney fees or expenses, prejudgment interest and interest on a judgment between the time the judgment is made and the judgment is paid. These payments reduce the occurrence and covered legal liability limits shown in the declarations.

There is also coverage for criminal defense costs, although the carrier does not participate in the defense itself. If criminal charges or proceedings stem from the insureds use of a firearm or weapon that is "legally possessed" and it was used in an "act of self-defense" and the insured was arrested, charged with, or subject to inquiry or investigation of a crime as a result of the use of that weapon, then defense costs may be paid. Costs include reasonable and necessary costs and expenses for payment of legal counsel as long as the rates are reasonable and commensurate with the attorney's experience, complexity of the proceedings and the typical rates charged in the area. These payments reduce the Criminal Defense Occurrence Limit shown in the declarations. Again, coverage is for the expenses only; the carrier has no obligation to actually provide a defense for any criminal charge or proceeding against the insured.

An insured is individuals shown on the membership roster of USCCA as an active member on the date of the "occurrence" and whose membership started on or after June 6, 2011, residents of the household of the aforementioned person on the date of the occurrence who are relatives of the individual or under the age of twenty-one and in the care of the aforementioned individual. Relatives and those under twenty-one years of age are only insureds as far as "acts of self-defense" involving use of a firearm or other weapon that is "legally possessed" on or in the residence premises. If the insured's grown son is out for the evening and is cornered at the movie theater and shoots another person in self-defense, there is no coverage since the act did not occur on or in the residence premises.

Section IV – Conditions

Many of the conditions presented are fairly standard. Bankruptcy of the insured does not affect coverage provided. In event of an occurrence or claim, the carrier must be notified immediately of what happened, who was involved, information on witnesses and location. Notice of an occurrence is not notice of a claim, and notice of a claim has similar requirements including sending copies of any demands, notices, or legal papers to the carrier, and allowing them to obtain records, cooperate with them in the investigation or suit, and assign any rights of recovery to the carrier.

When the insured is charged with a crime, arrested, or subject to questioning, the carrier should be notified immediately and appraised of how, when, where the incident occurred, when, where and why the insured was questioned or arrested or charged with a crime, a copy of the indictment or other documentation and the name of legal counsel retained or to be retained. The insured must cooperate with the carrier in the investigation and authorize the carrier to access records and other information as necessary.

The conditions regarding legal action against the carrier, other insurance, separation of insureds, transfer of rights of recovery, changes to the policy, and premium payments are fairly standard and self-explanatory. If the insured or his other carriers do not appeal a judgment for damages, the carrier has the right to make such an appeal at its cost and expense, and it will be liable for those taxable costs, disbursements and incidental interest, although liability and expenses will not exceed the policy limits.

If the carrier decides to nonrenew the policy notice will be sent to the insured 180 days before the expiration date. Most other policy nonrenewal notices are thirty to sixty days. Due to the specific nature of this policy, the notification period is significantly longer. Proof of mailing is sufficient proof of notice.

Information on claims filed or occurrences will be available for the policyholder for the preceding three years. This information includes a list or record of all occurrences the carrier was notified of, summary by policy year of payments made and the policyholder may not disclose this information without the carrier's consent. If the policy is canceled or nonrenewed such information will be provided no later than thirty days before the termination date. If the policy is not canceled, the insured must request the information in writing within sixty days of expiration. The information will be provided within forty-five days of receipt of the request.

Section V – Extended Reporting Periods

While extended reporting periods are generally found in commercial policies, this policy offers basic and extended reporting periods. The extended reporting period is provided if the policy is canceled or nonrenewed, or is renewed and replaced with a policy that has a later retroactive date than the date shown on the declarations page or does not apply to injury or damage on a claims-made basis. The policy period itself is not extended; coverage applies to injury or damage that occurs before the end of the policy period but not before the retroactive date. For example, the policy ends on June 19, 2017 with a retroactive date of June 19, 2022. An incident happens on May 31st 2017 that results in injury or damage, and is reported June 30th 2017. Coverage will apply. The basic extended reporting period lasts for sixty days when claims arising from "occurrences" or incidents arising from a "covered legal liability" not previously reported to the carrier are reported within that sixty days. The basic extended reporting period does not apply to claims that are covered under any subsequent policies, or that would be covered but for the exhaustion of available limits.

A supplemental extended reporting period is also available with an unlimited duration as an endorsement for an additional charge. The supplemental period begins when the basic reporting period ends. A written request must be made for the supplemental reporting period within sixty days of the end of the policy period, and payments must be made promptly. In establishing additional premium the carrier will take into account the exposures involved, previous types and amounts of coverage, available limits and other related factors. The additional premium will not exceed 200% of the annual premium for the coverage part. The endorsement states that coverage is excess above any other valid insurance available under policies in force after the supplemental extended reporting period starts.

Personal Firearms Liability Insurance

The National Rifle Association (NRA) also has a policy that members can purchase for coverage. It has some similarities to the USCCA policy, however the main policy is geared toward true firearm accidents, and not attempts to protect oneself or others from harm. It is underwritten by Lloyd's of London. The definition of "occurrence" is standard, an accident including continuous or repeated exposure to conditions which result in injury or damage that is neither expected nor intended from the insured. Shooting in self-defense is an intended action and not an accident. The policy provides coverage for injury or damage the insured is legally obligated to pay if the injury or damage results from an "occurrence" arising out of an "individual insured member" using a "firearm", air gun, bow and arrow or trapping equipment, as long as the insured was engaged in hunting or trapping on public or private land, shooting at competitions or for recreation at hunt clubs, gun clubs, or supervised ranges, or shooting other than that listed where the shooting is an "accidental discharge" and not prohibited by any local, state or federal law. If an insured is showing his gun to a friend and accidentally shoots him that would be covered. The defense, supplementary payments, limits and territory sections are straightforward.

Definitions

Like the USCCA policy, definitions are particularly important. "Accidental discharge" is the firing of a firearm, air gun, bow and arrow when the insured does not intend to fire. It is truly an accident.

An "individual insured member" is the member named in the policy schedule. The person must be over eighteen years of age and be a full member of the NRA in good standing, whose membership dues have been received and premium for the policy has been paid at the inception of the policy. The person must appear on the NRA membership list.

"Biological materials" are defined as bacteria, viruses, prions, or fungi which may cause infection, allergy, or otherwise create a human health hazard. Fungi include mycotoxins, mold or mildew, or scents or by-products released by the fungi.

"Chemical materials" are defined as solid, liquid, or gaseous substances that produce an effect on a living organism that acts on the bodily tissue. Bleach is a chemical material, as it affects skin when it comes in direct contact with the bleach.

The definition of "damages" states that they are the total sum which the insured is legally obligated to pay whether by adjudication or settlement, because of injury or damage covered by this policy but not covered by another policy. Investigation, negotiation, settlement and defense of claims is not included in the "damages".

A "firearm" is defined as a weapon other than a fully automatic weapon from which a projectile is discharged by gunpowder or compressed air. So a BB gun is considered a firearm, while an assault rifle is not a firearm by definition as it is fully automatic. Fully automatic weapons are highly restricted and not the type of weapon the carrier wants to insure.

"Ranges" are defined as permanently established shooting areas that are supervised by a range manager at all times.

Exclusions

While many of the exclusions are straightforward, some are specific to this policy. First is injury or damage caused by members, residents or occupants of the household who are not the "individual insured member". In this policy being a family member does not make one an insured. Likewise, injury or damage claimed by a spouse or member, resident or occupant of the household against the "individual insured member" is excluded. So a family argument gone bad or domestic violence where an insured shoots a spouse, relative or roomer is not covered under this policy.

As is typical of most policies, claims related to employment of the insured, or for which the insured would be held liable under workers compensation, disability or other employment law is excluded. Likewise vicarious liability, rendering of professional service, liability assumed under contract, or injury or damage arising out of the ownership of vehicles, aircraft or watercraft is excluded. The transportation of a loaded firearm in a vehicle, aircraft or watercraft is excluded if it results in direct or indirect injury or damage.

Injury or damage caused at the direction of the insured is of course excluded; this is an intent to cause harm or damage to people or property, and intentional damage is always excluded. Any injury or damage caused by the explosion of cartridges or shotgun shells which have been manufactured, produced, assembled, loaded or reloaded by the insured is excluded. Many gun owners will reload shells, and while they may be experienced and good at it the risk of an accident that causes serious injury is something not contemplated in the rates for the policy. Likewise injury or damage from loading or unloading a "firearm" except while engaged in hunting, trapping, or shooting at competitions or for recreation at hunt or gun clubs or ranges is excluded. If the insured is unloading a gun he brought home from the range and accidently fires it injuring his friend, that is not covered. However if he unloads it at the range and accidently injures another party, that would be covered.

Criminal acts or alleged criminal acts are excluded, whether the insured is in a normal state of mind or is under the influence of alcohol, drugs, narcotics or any other mind-altering substance as defined by local, state or federal laws. An insured with a gun is expected to be responsible and law abiding.

Not only is pollution excluded, but any claim arising from lead, lead poisoning or related diseases, contamination of the ground or water, inhalation or ingestion is excluded, as are requirements for testing, monitoring, cleaning up or otherwise neutralizing or treating lead contamination. Most bullets have a lead core, so an insured who is loading or reloading his own ammunition has lead on premises. As with most policies pollution, war, nuclear incidents and malicious use of pathogenic or poisonous biological or chemical materials is excluded.

The conditions are standard and mirror most policies. Notice of an occurrence that may trigger coverage must be given to the carrier promptly, and immediate notice of a claim is required. This policy is excess over other coverage unless that policy is written as specific excess over this policy. If the insured does not appeal a judgment in excess of other limits the Underwriters may do so. Subrogation is standard and shared by Underwriters when this policy is excess over other coverage. Assignment of coverage must be agreed to by the carrier, and either party may cancel the policy. Addresses are given for the service of suits and specific nuclear incidents and radioactive contamination exclusions are listed.

Self-Defense Insurance

In order for an insured to have coverage for using a firearm in self-defense, a specific endorsement must be added to the NRA policy. Like any endorsement, all provisions of the master policy apply and terms defined in the master policy apply here.

A few new definitions are added. With regards to criminal defense costs and expense reimbursement, "damages" includes the maximum criminal defense cost and expense reimbursement listed in the declarations under the amount listed on the declarations for any one and all criminal charges. A "legally possessed firearm" is a "firearm" owned by the insured in accordance with any applicable local, state or federal laws of the state or jurisdiction within which the injury or damages occurred. If an insured takes his firearm across state lines, the firearm must meet that state's requirements in order to be considered legally possessed. Defending oneself or others who are threatened, or defending one's property by the actual or threatened use of a "legally possessed firearm" as is authorized by local, state or federal laws in the jurisdiction within which the injury or damage occurs is defined as an "act of self-defense". An "act of self-defense" includes rendering emergency assistance solely at the direct of a uniformed law enforcement officer. For example an insured has closed up his restaurant for the night and is leaving. He is accosted in the parking lot by someone with a mask and a gun who threatens to kill the insured. Fearing for his life the insured shoots the threatening person. This is an "act of self-defense".

Under this endorsement, damages the insured becomes legally liable to pay above any other collectible insurance for injury or damage caused by the use of a "legally possessed firearm" while the insured is engaged in an "act of self-defense" is covered. Coverage is excess over any other liability coverage the insured may have. If there is no other coverage, if coverage under this endorsement applies the policy will defend against any suit alleging injury or damage caused by the insured, pay expenses and premiums on bonds to release attachments, all costs taxed against the insured in a suit, and all other expenses incurred by Underwriters including interest after judgment until the limits of liability has been paid. Reimbursement to the insured for reasonable expenses, other than loss of earnings that were incurred at the request of the Underwriters to assist in the investigation of the claim or suit is covered. Expenses are not included as part of damages and are paid in addition to the limits of liability.

Defense of criminal proceedings against the insured are not covered, nor are expenses and costs. However, if the charges are dismissed or the insured is acquitted, reimbursement of costs and expenses will be provided. The obligation to defend a suit and pay damages ends when the insured is convicted of a criminal charge emanating from the insured's use of a "firearm". Coverage for defense, expenses, settlement or investigation does not apply if there is any other valid and collectible insurance. So if an insured has both a USCCA policy and an NRA policy, the NRA policy will not pick up expenses once the USCCA limits have been exhausted. Spouses may be added to the policy by endorsement.

U.S. Law Shield

U.S Law Shield is another program providing coverage for individuals with firearms. It is available in Texas as a separate program, and in Florida, Oklahoma, Colorado, Pennsylvania, Missouri, Georgia, Virginia, North Carolina, Ohio, Arkansas, and Kansas.

Unique to this plan is coverage even if the insured does not shoot the firearm; "use" of a firearm as a weapon is covered, even if the insured just shows the firearm and does not shoot it. Discharging a weapon or showing it to stop a threat is considered "use of a firearm or other lawful weapon".

Coverage is provided for the use of all legal weapons, unless they are taken to a location where they are prohibited by federal, state or local law. An emergency hotline is available 24/7 and is staffed by attorneys to give insureds immediate legal advice. Civil and criminal defense is provided, including retrials if necessary. Minor children may be covered by separate endorsement. Attorneys are available even if a claim has not been filed to provide legal advice regarding the use and carrying of firearms and other legal weapons. Legal weapons are not defined, leaving it open to broad interpretation.

Coverage can be expanded to multiple states by endorsement. The policy has no deductibles, and in order for coverage to apply the insured must be in legal possession of a firearm or other weapon and in a place where weapons may be present. If an insured takes his gun or other weapon to a hospital where firearms are prohibited, if the insured uses the gun as a weapon on premises there is no coverage since coverage is restricted on that site. Regardless of concealed carry laws, the insured must follow state, local or federal restrictions. Use of the weapon to commit a crime is excluded, as is use of the weapon against a family member, household member or person in a dating relationship. Expenses for expert witnesses, bonds, investigators, witnesses attendance or other court fees is not provided to the insured.

Duties after a loss are standard; the insured must notify the carrier as soon as possible and provide any and all documentation, cooperate with the defense and notify the program if an appointment cannot be kept. Attorneys to represent the insured are independent, third-party attorneys.

Summary

The ownership and use of guns within the United States is often heatedly discussed. There are many gun owners who firmly believe in their right to have arms, and others who are concerned about the many accidental and deliberate shootings that occur annually. Regardless of one's position, anyone with a gun should have coverage for losses caused by the use of that weapon. These are some of the available coverages.