Your question is a coverage question which requires a detailed review of the facts of the claim and the coverages and exclusions of the contract. I have prepared many coverage opinions in my career but have not reviewed all of the USCCA documents in the detail necessary to provide an opinion and, even if I did, it would also need to include a review of the laws of the specific state in question on how the contracts are interpreted.
Frankly, I do not know if USCCA would defend or indemnify in the fact scenario you suggested but it is actually a scenario where I would submit claims to both USCCA and your homeowners insurance. Homeowners may actually be more appropriate.
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I think Mike probably gave you a very good answer. I’m not a lawyer but I have been both a student and teacher of lawful self defense for several decades now.
@Dawn can give you a difiinitive answer or find you one as to whether USCCA would protect you in this scenario and I’m almost certain they would as it would/should be open and shut and dismissed at the first hearing.
We are under no legal obligation either civilly or criminally to intervene in a third party encounter, the SCOTUS has ruled on this very clearly. Even police cannot be held legally liable for failing to stop a crime or come to your aid.
Hopefully that will get Dawn’s attention and get you a definitive answer on coverage but I’m betting the answer will be in the affirmative.
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Email them directly instead of waiting for somebody to “pick up the phone” on a community forum.
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I used the forum so that others may benefit from the information shared. But, that’s a great idea, @fiznerpin
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Feel free to email us at support@uscca.com, PM me here through the private messaging function, or tag me with @Dawn (may take me a while to see the @Dawn messages) and we’ll do our best to get you an answer.
You’re probably not going to like my answer - it depends. The intent of the USCCA Membership’s legal protection is to help you with your legal defense you when you’ve had to physically defend yourself. As there are so many variables in the situation there’s no way to give you a concrete answer.
@MikeBKY is a USCCA Attorney Network Attorney and makes a good point that will probably apply to a lot of states.
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Totally understand, and agree. My reasoning for Email: busybusybusy folks @ USCCA. 
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I cannot speak for every jurisdiction in every state but, in Kentucky, even cases that seem to be open and shut linger a lot longer in the court system than they should. Most judges prefer to let cases get settled or go to a jury as opposed to possibly dismissing a case prematurely. Of course, this means attorney’s fees accumulate quickly.
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If your in the middle of some thing where some one pulls a gun and innocent people could get hurt or killed and your careing consealed if you have a chance put them down soo no one gets hurt I would .
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The law in Kentucky generally allows you to use deadly force in the defense of others if the other person would be justified in using deadly force for their own protection.
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As I warn folks: do not focus on can you be sued. The answer is always yes. The real question is what happens if I am sued.
Unfortunately, that it outside my wheelhouse.
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I believe he retired not was fired and he got his pension.
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My guess in such a case you could find a lawyer to file a countersuit for such a situation on a contingency basis and the suit against you would go away very quickly.
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that was a police officer. the Supreme Court has ruled that police officers have no legal duty to protect anyone individually. they owe their duty only in a general sense to society.
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Hey guys! Long time since being on here sadly. Jumped on this thread late but wanted to comment saying it was a really good question and was grateful to gain sideline knowledge by reading it! Happy Thanksgiving!
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You are absolutely right @CriticalThinky! Reaffirmed in 2005 Town of Castle Rock v. Gonzales, 545 U.S. 748, holds that police usually have no duty to the individual unless that person is in police custody.
I find it hard to believe that any court could hold a private citizen to a higher standard then an on duty law enforcement officer.
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Thanks for clarifying Mike, say I had a question regarding this post. Is there an instance where the prosecutor will argue that you created the danger and thus have a duty to rescue the person? Or would that negate the necessity of being an innocent?
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I read that same thing yesterday…
It does not violate the Constitution…
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There are times where you can be held accountable for someone else. The primary example of these is if someone is in a position of authority or is a caregiver. Typically this is with children, handicapped and elderly folks and would include parents, licensed medical professionals, sitters and the like. These are usually created by relationship or by contract.
Also, as in your example, if you created the hazard, you may have a duty to render aid. Most states have a statutory requirement that if you are in an automobile accident you have to render aid. This may be just calling 911.
Another example is that you cannot do something that will dissuade another person from rendering aid. For instance, if you see someone drowning and someone asks if the person needs help and you say no when you know they do. Once you assume responsibility to render aid, you are committed to it.
A law school example of this is taking someone you know home that is extremely intoxicated. You drop them off at home and the next day you learn that they died in their sleep from asphyxiation after vomiting.
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