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Umbrella Policy and CHL

Posted: Tue Feb 01, 2011 10:10 am
by RoyGBiv
After reading all the threads on the various insurance options focusing on CHL holders, I thought it would be useful to re-read my umbrella liability policy and see what it had to say. Did I have any coverage if I used my firearm for self defense?

Here's the relevant text
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III Exclusions

A. The coverage provided by this policy does not apply to:

1. "Bodily injury" or "property damage" which is expected or intended by an "insured"..... [snipped]

However, this Exclusion (A.1.) does not apply to:

a. "Bodily injury" resulting form the use of reasonable force by an "insured" to protect persons or property; or
b. "Bodily injury" or "property damage" resulting from the use of reasonable force by an "insured" to prevent or eliminate danger in the operation of "autos", "recreational motor vehicles", or watercraft.

2. "Personal Injury"

a. Caused by or at the direction of an "insured" with the knowledge that the act would violate the rights of another and would inflict "personal injury".
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So I read this as saying.... YES... I would be covered for acts of self defense. However, this would provide only CIVIL liability coverage and not any coverage for defense against criminal charges (grand jury)...

Just to be sure... I called my insurance company and asked...

[abbreviated version]
Me: "Does my umbrella policy cover me if I shoot someone in self defense"
InsCo: "Yes it does, as long as it's self defense"
Me: "Can you send me that in writing?"
InsCo: "You already have it, right there in the policy document you just referenced"

So.... It seems that my Umbrella policy will defend me (provide a lawyer) and pay settlements and/or damages in a civil suit if any are awarded, in a self defense shooting situation.... (up to the limit of my policy).

Anyone else read their umbrella policy recently??? What says yours??? :bigear: :bigear:

Re: Umbrella Policy and CHL

Posted: Tue Feb 01, 2011 12:25 pm
by rmr1923
interesting, i'll have to read mine again when i get home from work this evening...

Re: Umbrella Policy and CHL

Posted: Tue Feb 01, 2011 2:03 pm
by JJVP
RoyGBiv wrote:After reading all the threads on the various insurance options focusing on CHL holders, I thought it would be useful to re-read my umbrella liability policy and see what it had to say. Did I have any coverage if I used my firearm for self defense?
.
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So.... It seems that my Umbrella policy will defend me (provide a lawyer) and pay settlements and/or damages in a civil suit if any are awarded, in a self defense shooting situation.... (up to the limit of my policy).

Anyone else read their umbrella policy recently??? What says yours??? :bigear: :bigear:
Since you have no civil liability if you are found justified on using force or deadly force, it really does not matter much. If you are however found guilty of using deadly force, then you are going to jail, and again it really would not matter because in that case your umbrella would not cover you.

IANAL - so take the above with a grain of salt.


CPRC ยง 83.001. CIVIL IMMUNITY. A defendant who uses force or
deadly force that is justified under Chapter 9, Penal Code, is immune
from civil liability for personal injury or death that results from the
defendant's use of force or deadly force, as applicable.

Re: Umbrella Policy and CHL

Posted: Tue Feb 01, 2011 2:12 pm
by flechero
My state farm umbrella policy (and both agents I have had ) affirmed the OP's statements to a "T". Not why I bought the policy but it was nice to feel like I got something extra out of an existing policy. ...lol

Re: Umbrella Policy and CHL

Posted: Tue Feb 01, 2011 4:00 pm
by RoyGBiv
JJVP wrote:Since you SHOULD have no civil liability if you are found justified on using force or deadly force, it really SHOULD not matter much.
I made two small changes (highlighted) to more clearly reflect reality (at least my understanding of it).....
Last time I checked, only the text in the law books was black & white, the laws themselves seem pretty gray.
It can be expensive to gain confirmation. Having umbrella coverage that includes self defense is a plus, IMHO.

I'd be interested to know whether acts of self defense are usually covered or not covered...
I also thought it might be useful for folks with an umbrella policy to check and "know" where they stand.
And for folks without an umbrella policy, it might be something to talk with your agent about, not solely for SD coverage.

Re: Umbrella Policy and CHL

Posted: Tue Feb 01, 2011 11:48 pm
by rdcrags
When I started carrying, I asked my State Farm agent the question. He convinced me to add $20 or so to the annual premium to increase the coverage from the "standard" $500,000 to $1,000,000. Sounded like a good deal to me. BTW, he refused to renew his CHL because he thought it was stupid to require re-taking the tests. By now, he would be on his 4th renewal and no test requirement.

Re: Umbrella Policy and CHL

Posted: Wed Feb 02, 2011 8:56 am
by sjfcontrol
rdcrags wrote:When I started carrying, I asked my State Farm agent the question. He convinced me to add $20 or so to the annual premium to increase the coverage from the "standard" $500,000 to $1,000,000. Sounded like a good deal to me. BTW, he refused to renew his CHL because he thought it was stupid to require re-taking the tests. By now, he would be on his 4th renewal and no test requirement.
State Farm Agent to Wife wrote:Sorry Dear, I can't protect you from that rapist because it's stupid to have to take the test over again...
Wonder how THAT conversation wound up?