YES, this is a concern

Well in theory he is paid in full for that year, correct?

Not exactly. if you get into a car wreck and you were drunk, your insurance will cover you but then go after you to get their money back. Should USCCA cover you if you acted with willful disregard and not seek to regain their money back? They would be out of business in a month.

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Be careful a plea bargain can open you up to more civil actions, or make you look guilty should a civil action take place, and if you are innocent but you plea bargain the record is with you for life!

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Warrior 12 does.

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The key here is if you acted with willful disregard.

If you honestly acted in self defense, you truly believed your life was in imminent danger… and the far left prosecutor pushes charges against you and the judge is anti-gun, you may find yourself convicted while actually being innocent.

In that case, it would seem that any insurance that demands a recoup… is not insurance and would bring into question their very reason for existence.

If you are driving, and someone swerves to hit you, and you swerve to avoid that collision and hit a mail box, and a parked car. Are you guilty of reckless driving and willful disregard? You might be charged and found guilty, so your car insurance sues you?

That would lead to you suing the insurance company and then the lawyers are the only ones making a profit and joyfully happy.

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We’ve had a number of requests for clothing for tall men, @Stone. I know they’re looking into it.

Dang, if you didn’t just into my pocket.
It took all of 30 seconds to find something that needs to be in my closet.
Thanks for the tip.

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I’ve got enough to wear every day. And, I already know I’m getting more for Christmas. They fit really good as well.

Yup I new this going in. It’s in the policy I received when I joined 2 months ago.
I’m not concerned. They have to provide the coverage spelled out in the policy.

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They could take whatever equity you have in your home, etc. You do not want to be in a position to ever declare bankruptcy.

Agreed! UNless there was complete and total disregard for the law making it a clear, criminal act of the defendant, where is there a protection from the insurer. I see the one reply where they said they would not pursue you but I want to see that in the contract.

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For myself, I researched several other companies when I was looking for legal protection. USCCA appeared to have the best ROI and that’s who I chose. I read the agreement several times, as I am not a lawyer, nor have I ever studied law of any sort. So I read the agreement until I felt comfortable with it. Since I just joined in 2020, I never saw the ‘old’ one, just the new one.
I did see that clause, but even though the stakes are potentially way higher, felt it was no different than my car insurance with one caveat. USCCA covers me up front. That puts the onus on me, as I see it, to be responsible. I’m not going to draw my gun over words, unless actions are involved. I’m not going to draw my gun if I run into Karen in the store and she grabs my shoulder. I’m not going to try and be a vigilante, and while I would act to protect a stranger from a deadly situation, the actual situation is critical. Unless it is something like a hold-up in a store, how do you know who is the victim? I doubt it’s always going to be clear, so no, I’m not a hero either.
I’m a responsible, armed American. I will watch, listen, and exercise extreme caution before I even think about reaching for my sidearm. That clause in the USCCA contract isn’t anything like a deal breaker, because I will act responsibly. I will call the cops first, before I interject myself into a deadly situation, if I can. I will work hard to avoid conflict. But if conflict finds me, I’ll act responsibly to defend myself.
That’s my
1870_two_cents_rev

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Assets protected in Texas. My wife worked for a law firm and studied a little about bacruptcy in Texas. We’re protected.

Guide to Texas Homestead and Asset Protection Laws

Texas offers its citizens broad protection from having their homes or other valuable assets seized to satisfy a judgment. As a general rule, a judgment creditor cannot take your home, your car, most of your personal property, your wages, or your retirement accounts. I’ve listed below the various protections offered to Texas citizens from their creditors

Homestead Protection

By far the most important protection for Texas citizens is the Texas Homestead law. The homestead law protects your home, whether it is a shotgun shack or the Taj Mahal. Your homestead cannot be seized and sold to satisfy your creditors.

Texas law defines two types of homesteads: urban and rural. To qualify as a homestead, the land must be used as your home. It can be used both as your home and for a business and still be considered your homestead. An urban homestead consists of not more than 10 contiguous acres of land. A rural homestead consists of up to 200 acres of land for a family and 100 acres of land for a single person. The homestead exemption protects the land as well as all of the structures on it, regardless of value.

Personal Property Exemptions

Texas law lists a variety of personal property that is exempt from seizure, up to an aggregate value of $60,000 for a family or $30,000 for a single person. The list includes:

  1. Home furnishings, including family heirlooms.
  2. Provisions for consumption.
  3. Farming or ranching vehicles and implements.
  4. Tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession.
  5. Wearing apparel.
  6. Jewelry not to exceed 25 percent of the applicable aggregate limit.
  7. Two firearms.
  8. Athletic and sporting equipment, including bicycles.
  9. A two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver’s license or who does not hold a driver’s license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person.
  10. The following animals and forage on hand for their consumption: 2 horses, mules, or donkeys and a saddle, blanket and bridle for each; 12 head of cattle; 60 head of other types of livestock; and 120 fowl
  11. Household pets.
  12. Unpaid commissions for personal services not to exceed 25 percent of the aggregate limits.

In determining the value of the foregoing property, the amount of any liens or security interests is deducted from the fair market value of the property.

In addition to the foregoing property, the following categories of property are exempt and do not count towards the aggregate dollar limits:

  1. Current wages for personal services, except for the enforcement of court-ordered child support payments
  2. Professionally prescribed health aids of a debtor or dependent of the debtor
  3. Alimony, support or separate maintenance received or to be received by the debtor for the support of the debtor or dependent of the debtor
  4. Most retirement plans, including most pension and IRA plans
  5. Certain types of college savings plans

Limits of Homestead Protection

The homestead protections do not protect your homestead from foreclosure by the lender who loaned money to help you purchase it, from home equity lenders who have made a loan secured by the property, from debts for property taxes or income taxes, or from mechanics and materialman’s liens held by contractors and suppliers of materials used for improvements on the property.

With a few exceptions, the personal property exemptions do not protect personal property from seizure to satisfy a child support debt. Child support debts are typically enforced by wage garnishments.

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Yes…

And no…

This is an issue and very disappointing. I never read that clause. When is USCCA going to respond to this?

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You have the responses above. There is nothing more to explain.

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You have to excuse the rudeness of some people…

@MikeBKY does a good job of breaking down what may be happening here… you can read his post WAAYYYYy up there toward the beginning of the thread…

The following is the response I got from customer “support”:

Hello Danny,

It is true that the Self-Defense Liability Policy issued to and held by the USCCA includes a condition allowing for Recovery and Recoupment. It also specifically excludes coverage for criminal acts. The recovery and recoupment provision gives the insurance company the ability to recoup amounts paid in the event an insured was convicted of a criminal act.

Why? Because insurers are generally prohibited from providing coverage for intentional criminal acts. Thus, the insurance company cannot and will not provide coverage for criminal acts.

I think all responsibly armed Americans would agree that if what was initially presented as a lawful act of self-defense turned out to be a black and white first-degree murder, the insurance company should be able to recoup payments.

I hope this helps, and if you have any further questions, please let me know. Have a great day and thanks for being part of the USCCA.

Mike P
Customer Engagement Manager
Support@uscca.com
877-677-1919

After reading some of the posts , I’m a bit more comfortable with USCCA, but I’d still like to see a response from Tim Schmidt himself. Also. at this point I agree with the posts that emphasize training, and awareness so I’m never in a position to have to test the clause.

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For ease of finding the USCCA response, here it is again @Charles231.

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Sorry, but he says the clause states they CAN recoup the money spent. If they believe you were justified, i dont think they will invoke the clause. The key is to be properly trained as to the law. Lethal force is the final option. I will give up my car, credit cards and cash if i think that will apease the criminal if i dont believe my life is in jeapordy.

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I researched my choice and feel comfortable with USCCA.

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