There is some companies selling this " Pre-Shooting Insurance ". Please DO NOT BUY it. It is just a way for them to get your hard-earned money. But if you feel that you want it. Ask the sales rep these questions. Make them answer each one in writing before you sign.
T.C.A. 39-11-611, 39-17-1322 & 29-34-201 (c) provides criminal and civil immunity in the event you are in a justifiable shooting in Tennessee.
Here is some questions to ask them and get it in writing.
1. Do they cover ALL expenses (attorney fees, attorney employee costs, costs for expert witness, cost of independent ballistic testing, hotel fees, court costs, filing costs, etc.) related to your case?
2. Will they cover a bail money (no matter what the cost is) if you are arrested?
3. Do they reserve the right to cancel your contract for any or no reason at all?
4. If you are found guilty in a court of law. Will they file ALL appeals and cover ALL costs related to your case?
5. Will they cover ALL costs, including any damages (no matter what the cost is ) if you are found guilty in a civil suit?
6. Do you get to choose your own attorney? Or do they reserve the right to choose for you? Will this attorney be local or in another state?
7. If you are in a shooting and charged with murder. How far are they willing to go so you will be protected and not spend life in prison?
8. How many cases have they lost in a court of law?
9. How many civil lawsuits have they lost and how much damages did they pay out?
10. How many cases have they taken to the appeals court after their client was found guilty in a court of law? How many did they win and how many did they lose?
11. If you are involved in a shooting and you shoot an innocent bystander, Will they provide you with legal protection, including a civil lawsuit?
12. If you are involved in a shooting and you damage or destroy private property, Will they protect you in a civil case and pay all damages?
13. If you're traveling are they going to cover you in whatever state you happen to be in?
This post is only designed to get you to ask questions and get to the truth. If after asking these questions and you still feel the need to sign. Then by all means do. After all, it is your money.
Ask them to not only show you cases that they won but more importantly, have them show you cases that they either cancelled or lost in a court of law. Surely, they cannot have a 100% winnings.
Make sure to get it in writing before you sign up..
Put aside spelling and grammar, and let's look at these things:
T.C.A. 39-11-611, 39-17-1322 & 29-34-201 (c) provides criminal and civil immunity in the event you are in a justifiable shooting in Tennessee.
The first two provide for the self defender to not be subject to prosecution for the act of self defense. The third provides that a felon may not recover damages for injuries suffered during the commission of the felony in question. The problem is: Police and District Attorneys may be of the opinion that you as a self defender committed some crime in the act of self defense. Those opposing opinions (assuming you are of the opinion that you were defending yourself) must be settled by a judge and/or jury!
This statement is very misleading.
For the rest of the "questions to get in writing," here are the summaries for each of the three major companies: USCCA, CCW Safe, and US Law Shield (as of March 2024). We will not include prepaid legal as it is much more restrictive in scope, and really is not applicable.
1. Do they cover ALL expenses (attorney fees, attorney employee costs, costs for expert witness, cost of independent ballistic testing, hotel fees, court costs, filing costs, etc.) related to your case?
All three cover all these things, up to policy limits (which should be more than enough for you)
2. Will they cover a bail money (no matter what the cost is) if you are arrested?
All three will, up to policy limits (which should be more than enough for you)
3. Do they reserve the right to cancel your contract for any or no reason at all?
(Every company that makes a contract will include language to allow them to do this). All three do, just like any insurance company will.
4. If you are found guilty in a court of law. Will they file ALL appeals and cover ALL costs related to your case?
All three include language to include up to the final appeal.
5. Will they cover ALL costs, including any damages (no matter what the cost is ) if you are found guilty in a civil suit?
All three cover attorney's fees, court costs, etc. None of the three cover the actual damages - BECAUSE: an illegal act cannot be covered by insurance!
6. Do you get to choose your own attorney? Or do they reserve the right to choose for you? Will this attorney be local or in another state?
US Law Shield and CCW Safe require you to use their attorneys. This blog author would encourage you to find out who those attorneys are, as not all attorneys are created equal. USCCA allows you to pick an attorney, and has a network to choose from if you are unsure.
7. If you are in a shooting and charged with murder. How far are they willing to go so you will be protected and not spend life in prison?
All three include language to indicate up to and including the final possible appeal.
8. How many cases have they lost in a court of law?
By law, they cannot disclose this - there are things called confidentiality agreements, attorney-client privilege (which extends to insurers who are paying for the attorney), and court orders where applicable.
9. How many civil lawsuits have they lost and how much damages did they pay out?
By law, they cannot disclose this - there are things called confidentiality agreements, attorney-client privilege (which extends to insurers who are paying for the attorney), and court orders where applicable. They do not cover damages.
10. How many cases have they taken to the appeals court after their client was found guilty in a court of law? How many did they win and how many did they lose?
By law, they cannot disclose this - there are things called confidentiality agreements, attorney-client privilege (which extends to insurers who are paying for the attorney), and court orders where applicable.
11. If you are involved in a shooting and you shoot an innocent bystander, Will they provide you with legal protection, including a civil lawsuit?
Perfectly gray area. Likely no coverage will be afforded, as this is an illegal act. HOWEVER: it is extremely rare for a citizen acting in self defense to shoot an innocent bystander. At the time of this article, this author could not find any such instances via standard web searches. Police, on the other hand, tend to shoot innocent bystanders 38% of the time - and a third of those are fellow officers!
12. If you are involved in a shooting and you damage or destroy private property, Will they protect you in a civil case and pay all damages?
If your actions were justified, all three include language to say they will cover the legal costs, but not civil damages, as detailed earlier.
13. If you're traveling are they going to cover you in whatever state you happen to be in?
It will depend directly on the state and the laws of that state. Some disallow concealed carry insurance altogether (Washington State as of the time of this post.) And self defense laws vary greatly. Because an illegal act cannot be covered, a much better question would be: to what states does your coverage extend? Each of the three main companies will be happy to tell you. You may also be able to look it up on their website.
This post is only designed to get you to ask questions and get to the truth. If after asking these questions and you still feel the need to sign. Then by all means do. After all, it is your money.
Ask them to not only show you cases that they won but more importantly, have them show you cases that they either cancelled or lost in a court of law. Surely, they cannot have a 100% winnings.
By law, they cannot disclose this - there are things called confidentiality agreements, attorney-client privilege (which extends to insurers who are paying for the attorney), and court orders where applicable.
Make sure to get it in writing before you sign up.
There is no insurance company around that is going to make specific statements to you about additional coverage in writing. Dream on. A better statement might be: read and understand their policy language or terms and conditions. This is good advice for anyone signing up for anything.
As a disclaimer, this blog author purchases carry insurance and has for years. Also, the author regularly compares the policy language or terms and conditions of the three companies listed herein. This blog author is a licensed P&C agent, as well, lending professional credence to the opinions expressed herein.
No comments:
Post a Comment
Your comment will be displayed after approval.
Approval depends on what you say and how you say it.