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General gun discussions This is a place to lounge and discuss firearm related topics with other forum members. |
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#1
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Do You Need Carry Insurance: John Lovell and Attorney Andrew Branca
Thought some of you might be interested in this. John Lovell has a YouTube channel (Warrior Poet Society) and is a former Army Ranger, I believe. Andrew Branca is an attorney with 25 years experience in self defense law. His book, "The Law of Self Defense" is pretty good and worth a read, albeit it's fairly dry content.
Note: There's good information in here in terms of what to look for...and not..in a self defense insurance program.
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"Kestryll I wanna lick your doughnut." Fighter Pilot Last edited by L84CABO; 07-14-2018 at 12:34 PM.. |
#4
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The attorney, as knowledgeable as he is, shows some misunderstanding about how insurance works several times in the video, which is often the case with even the most accomplished attorneys but the points that really stand out were these:
1) He cites Lockton as an "insurance company" that no longer would insure the NRA's Carryguard program - they are not an insurance company. They are an insurance brokerage that can elect to pull out of such a relationship at any time by no longer wanting to be the broker. However the insurance company that wrote the original policies (Chubb) - which is a contract - must continue to honor those policies so long as the insured has not misrepresented themselves, didn't pay premium, and/or meets their requirements as an insured in that contract. They may decide to not renew a policy or place no new policies, but they can't simply cancel a policy because they feel like it and without a sufficient notification of cancellation or denying renewal. 2) Few insurance companies simply let you use any lawyer you choose and reimburse you for the same, especially for policies that address very particular types of activity or risk. A few will allow use of your own lawyer after review and approval of that attorney's capability, and then only reimburse for the amount they would have paid their own specialized attorneys to handle such a case. They DO have a lot riding on defense costs, so they aren't going to agree to just anyone. They want to be sure the attorney you would choose actually is prolific in the matters being addressed. Even then, if they allow you to use your own attorney, your attorney often must still work with the insurance company's attorneys. 3) While the conversation centered on defense costs for criminal-cases against you for use of your firearm in self-defense and carry, nearly all of the most common homeowners/general liability policies that include personal liability from ALL insurance companies will respond and cover for your defense in most all civil-lawsuit cases that involve a third-party suing you for legal use of your firearm in self-defense. .
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#5
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In this case, they are primarily talking about your defense costs if charged by DOJ/prosecutors for use of your firearm, or charged with things like aggravated assault, brandishing while putting your legal carry firearm into use even when you might have been using it for self-defense.
They aren't talking so much about a third-party civil lawsuit going after your assets because of use of your firearm in legal self-defense. So criminal defense as opposed to civil. The video could have done a better job to distinguish between the two. .
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#6
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Watch the video. It is pay to play. If you dont have assets to liquidate you go to jail
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I want gay married couples to be able to protect their marijuana plants with guns |
#7
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Well yea. Or if you're just someone who is far to pretty for prison...like me.
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"Kestryll I wanna lick your doughnut." Fighter Pilot |
#8
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Thanks for the kind words! Folks who like that video might also enjoy our weekly "Law of Self Defense Show," free to watch live every Wednesday, 2PM Eastern time, or the recording for 24 hours after each show, here: http://www.lawofselfdefense.com/show
We also offer a ton of free (as well as higher-value paid) content at our Patreon page: http://www.lawofselfdefense.com/patreon --Andrew
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Andrew F. Branca, Attorney at Law (MA) www.lawofselfdefense.com This message does NOT constitute legal advice, and does NOT establish an attorney-client relationship/confidentiality. If you have an immediate need for legal advice, consult a competent attorney in your jurisdiction. |
#9
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Quote:
Quote:
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--Andrew
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Andrew F. Branca, Attorney at Law (MA) www.lawofselfdefense.com This message does NOT constitute legal advice, and does NOT establish an attorney-client relationship/confidentiality. If you have an immediate need for legal advice, consult a competent attorney in your jurisdiction. |
#10
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Quote:
--Andrew
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Andrew F. Branca, Attorney at Law (MA) www.lawofselfdefense.com This message does NOT constitute legal advice, and does NOT establish an attorney-client relationship/confidentiality. If you have an immediate need for legal advice, consult a competent attorney in your jurisdiction. |
#11
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Quote:
--Andrew
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Andrew F. Branca, Attorney at Law (MA) www.lawofselfdefense.com This message does NOT constitute legal advice, and does NOT establish an attorney-client relationship/confidentiality. If you have an immediate need for legal advice, consult a competent attorney in your jurisdiction. |
#12
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Incidentally, any of you who might be in the greater Sacramento area, you might consider joining me for our Law of Self Defense LEVEL 1 and LEVEL 2 Classes taking place there this coming weekend, July 21-22. More info here: http://www.lawofselfdefense.com/sacramento
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Andrew F. Branca, Attorney at Law (MA) www.lawofselfdefense.com This message does NOT constitute legal advice, and does NOT establish an attorney-client relationship/confidentiality. If you have an immediate need for legal advice, consult a competent attorney in your jurisdiction. |
#13
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NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor California DOJ Certified Fingerprint Roller Ventura County approved CCW Instructor Utah CCW Instructor Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners. CCW SAFE MEMBERSHIPS HERE KM6WLV |
#14
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Wow! Andrew Branca himself, in the house!
Great for Calguns Honored.....but hope to never make your acquaintance! .
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Join Active Junky for online rebates....$10 to both you and me! https://www.activejunky.com/invite/238017 “Criminals, tyrants and terrorists don’t do background checks.” — Judge Roger Benitez, 4/23/2020 |
#15
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If you do not have CCW (i.e. you live in LA or SF), is there a quality home self-defense insurance policy that will cover criminal defense costs but costs less because presumably the insurer's risk is less?
EDIT: Yes, CCW Safe offers just that.
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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. Last edited by Califpatriot; 07-16-2018 at 5:56 PM.. |
#16
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But don't get me wrong Andrew, your legal advice is excellent and lots of good information from the video. I have lots of respect for you. I will be picking up your book for further read. I'm grateful for your generosity in sharing your advice. Even more awesome that you are (and have been) a member of Calguns. It shows you give a damn, and not just a fly-by interest. .
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------------------------ Last edited by CALI-gula; 07-17-2018 at 3:22 AM.. |
#17
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Understood, but the fact that there are those mixing their comprehension of the two even after watching your posted video, or apt to do so, at least deserves a nod, for as of late, we have seen CCW holders attacked from BOTH sides with criminal charges AND wrongful-death lawsuits against them. In that regard, there is no reason to "lose money" when such a personal liability policy will cover the defense for a civil lawsuit over such matters, where defense is outside the limit, and there is not even a single dollar of a deductible. .
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#18
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The insurance company is protecting their potential monetary involvement, they don't care if you go to jail as long as it doesn't cost them money. You'll need your own criminal defense attorney with your interests in mind to be fully covered.
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