It makes total sense to me that USCCA needed an across-the-board update to the insurance policy verbiage. Two main reasons →
- It is illegal to provide insurance coverage for criminal acts. However, the insurance policy fronts expenses on behalf of the insured in the event of lawsuits, both criminal and civil.
- To uniformly comply with the patchwork of State insurance requirements, there must be a clause that states the insured is liable to pay them back for related expenses should he/she be found guilty of the related criminal act in a court of law. (Recoupment). Some States I imagine may require more specific wording.
All the blah blah other verbiage serves to clarify the separation of Defensive coverage (potentially criminal) and Claims overage (civil / damages), and that if you’re found criminally guilty, they’re entitled to recompense for all. Also, the timeliness requirements of notifying them in the event of any legal actions. Also, of course a clause covering prohibitions by applicable (unique State) law.
The question that this all boils down to, then, as I see it, is basically - how much are we on the dollar hook in the event of anything other than an “innocent” verdict? Well, as (a non-attorney, but someone who has watched a lot of Law & Order on TV, it seems to me that if convicted on a charge of concealed carrying, maybe they pay for that. Otherwise, if criminally convicted (on a per charge basis), the insurance company is entitled to recompense. →
" D. “Conviction” means the entry by a trial court of an adjudication, judgment, order or ruling finding a party guilty of a crime whether following a plea of nolo contendere, a plea of guilty, a criminal trial, a judicial determination, or any other similar mechanism or procedure.
However, this does not include the insured’s “conviction” for a conceal carry or similar law. "
So … is your life going to be hell if you’re involved in a lawful shoot? Almost certainly (assuming you survive). If you have no legal representation lined up and don’t keep your mouth shut, are you going to jail for a very long time? In many cases, probably yes. If you have coverage via USCCA, and you’re totally innocent except for whatever tricks an over-zealous prosecutor is likely to pull, would your life be ruined by a plea-bargained misdemeanor, $200 fine, and $100,000 legal fees? (assuming USCCA insurer pressed its claim for recoupment or was forced to by State law) - well, yes that would suck, but at least you’re not worried about dropping the soap, and how the rest of your family is carrying on without you.