The trend of insurance related to legal counsel in the event of a weapon used in self-defense has become prominent over the past few years. It has been attempted in the past, notably by the NRA, and was dissolved for good reasons. But where does that leave us now? With USCCA at the head of this coverage, what are they genuinely providing to the consumer? Where does CCW Safe fall in the mix?
Property v Liability:
First, let’s start with some background. There are two main types of policies regarding firearms: property and liability. Typically, a rider is added to a homeowners policy, or a separate policy is written to cover firearms. As property, this is a reasonably easy and well-known practice. Firearms liability is another animal, however. The NRA first pioneered the idea of an insurance policy that would provide coverage to handle legal expenses should a firearm be used under a specific set of criteria. For example, that policy would not cover a negligent discharge leading to bodily harm. It was designed to deal with a reasonably straightforward defensive use case. The problem they ran into was funding. Simply put, the cost to represent a client legally should they need to use a firearm defensively is for more than most people would think. Secondly, the number of nationwide attorneys specializing in defensive shoot cases is small. These two factors, combined with claims, made the program unsustainable for the NRA, and it was shut down.
USCCA:
That brings us to today. USCCA is by far the most significant player in the space of firearms liability insurance. Founded in 2003 by the Schmidts, USCCA utilizes Delta Defense as its legal branch and is insured through Universal Fire & Casualty Insurance Company. UFCIC is an admitted carrier, which means the state board of insurance where they operate (Michigan) has verified that they are an actual insurance company with a required reserve fund to cover potential losses for their clients. In 2022, UFCIC merged with Shield Indemnity to create Universal Shield. This is the background regarding USCCA that leads us to today.
USCCA started as an insurance option for liability coverage but has now morphed into something else. Claiming that they have 855,000 current members, USCCA has become a marketing machine more than insurance coverage. They offer their basic level of coverage for a paltry sum of $29 a month. But what does the USCCA policy cover? First, what you’re purchasing is not an actual insurance policy. What you’re paying for monthly is access to a referral network Delta Defense likely provides. That doesn’t account for bail funds, the cost of legal defense regarding your potential case, or criminal or civil damages. You get a referral to an attorney. In fact, under the Coverage A Section – Exclusions of the “policy,” it reads specifically:
“Any criminal act by any “insured”, including any injury or damage caused by or during any criminal act of any “insured.”
Exclusions in insurance are the things a policy specifically will not cover. A good rule of thumb with insurance is not to read what the policy covers; read what it excludes. In this case, the USCCA policy in writing says they will not cover any criminal act. That means you have no coverage if you’re convicted of anything, civil or criminal. In this case, the whole point of the coverage is to cover your legal costs, whatever they may become. By its verbiage, this policy will not help if criminal charges are involved. Here’s an example. If someone broke into your home forcibly with a firearm, used it against you, and you managed to incapacitate but not kill the violent offender, a District Attorney could charge you with Assault with a Deadly Weapon, also known as Felonious Assault. That would fit the exclusion related to USCCA, and now you have no coverage. Whether that charge is dropped later or not, you were charged with a criminal act.
Next, USCCA violates attorney-client privilege and touts this as a benefit. The policy states that the attorney in the case isn’t representing you, so they must disclose information regarding your case to USCCA. This could be necessary for them to decide whether or not to provide coverage based on the issuing of criminal charges.
CCW Safe:
CCW Safe is another organization in the same carry insurance space, which needs to be discussed. In implementation, they are similar to USCCA; however, once again, like any insurance policy, looking at the exclusions is where the vital information resides. Two of the most important exclusions are Unintentional (Negligent) Discharges and the lack of coverage if “Substances That Alter Judgement” are involved. When it comes to Unintentional Discharges (NDs) this is a key talking point. Depending on your level of exposure to firearms over a duration, the statistical likelihood that you have an ND is reasonably high. CCW Safe leaves you out to dry here if you make a mistake. However, the language related to substances is really where one should pause. From Restrictions, Limitations, Notices, and Exclusions:
“Substances That Alter Judgment: CCW Safe will not provide the services if, at the time of a use of force incident, you are impaired in public or private property not of your own, by the use of alcohol, controlled substances, or prescribed medication that impairs judgment, or in any location you are in violation of state law or regulation concerning alcohol and drug use while in the possession of a firearm. This restriction is specific to any public place or private property not of your own.”
This means that a wide range of prescribed medication can put you in a tough spot. If you are involved in a home defense action with a firearm and had a drink with dinner, you will likely be excluded from coverage.
Like many business models that promise an incredible service for a relatively minor sum, the wise consumer needs to dig deeper. The further you look at USCCA, CCW Safe and organizations like them, all you’re met with is insecurity. Any time there is obfuscation and misdirection regarding a business, it is a cause for alarm. Stock & Barrel is proud to offer safe and educational experiences that will set you or a loved one on the right path with instructors who know their stuff and care enough to impart wisdom from years of real-world time. If you are considering firearms training, we implore you to research and make a choice that makes sense. If you’re interested in insurance for your firearms, contact your homeowner’s insurance company or a specialty firm. Protect yourself with information first and foremost.
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