OMG!…….Will My Massachusetts Homeowners Insurance Policy cover me?
The day started out just fine. In fact, your online retail order arrived a day early! But just like the New England weather … things can change quickly.
Now you find yourself standing in your family room. You feel a heavy weight in the pit of your stomach. There’s a cold sweat beading up on your forehead, and your hands just can’t seem to stop trembling as you are explaining to the police officer … the one standing right in front of you … that you were removing your firearm from the holster when it suddenly slipped from your hand It dropped to the floor, accidentally discharging … and seriously injuring the postal worker who was delivering a package to your home.
For now, let’s avoid discussing the issue of how much you will need to pay as a retainer to an attorney to represent you at your first court appearance – unless you are given a public defender only for the purposes of arraignment and the setting of bail
You will most likely be taken into custody. Held on high bail, pending arraignment, and be subsequently sued in civil court.
This will not be the time to ask your insurance company to provide insurance coverage for you. Such a decision could ordinarily take weeks.
This segment will focus on the Massachusetts Homeowner Three Policy, as it is the most popular policy, and this segment will not offer or imply any legal advice.
The Massachusetts homeowner insurance policy provides insurance coverage for the homeowner, commonly known as “the insured” under two separate sections of the insurance policy.
The first section is typically known as first party coverage and it provides insurance coverage for the house/dwelling and contents.
The second section of the homeowner insurance policy, regularly known as third-party coverage, generally provides liability coverage for the insured in the event a claim or litigation is brought against the insured
This segment will briefly focus on section 2 of the Massachusetts homeowner insurance policy (as it related to firearms).
Coverage under the Massachusetts homeowner insurance policy provides coverage if a claim is made, or a suit is brought against an insured, for damages because of personal injury or property damage caused by an occurrence to which this coverage applies.
When this occurs, an insurer will pay, only up to the limit of liability under the homeowner insurance policy, for the damage which an insured is legally liable, and also to provide coverage for hiring an attorney with respect to any civil claims.
The homeowner insurance policy will not provide insurance coverage for either criminal defense or the posting of bond to obtain your release from custody.
The issue of whether there is coverage for an insured homeowner depends upon a number of issues, including specific facts of the event which gave rise to the claim or litigation.
If you are faced with a situation in which an individual has been injured through the use of a firearm by an insured, one of the first steps the homeowner should take is to report the claim to the insurance company. This will enable the insurance company to immediately make a decision as to whether coverage will be provided under the homeowners insurance policy.
In many cases, insurance coverage under the homeowner insurance policy will depend upon whether the insured intentionally or unintentionally caused the injury to the other party.
Another factor to be considered is whether the firearm was purchased legally and was it being used in a legal manner, such as practice, for sport, or for home or personal defense.
If you, as a homeowner, legally purchased a firearm for a practice, sport or a personal defense, consideration should be given to the various policies which are available through a number of national organizations specifically addressing firearms usage.
Many of these supplemental policies provide coverage not only for defense against civil lawsuits but also for defense against certain criminal charges.
If you are involved in an incident involving a firearm where another individual has been injured or killed, as a practical matter, you should expect criminal charges will be brought even if you were legally justified in your use of the firearm.
You can also expect that legal defense costs can in many cases reach or exceed $100,000.00.
This segment will not list the various companies which provide insurance supplemental coverage for the owners of firearms. Such information can be readily obtained by searching the term firearm insurance policy.
I hope this segment has given you sufficient information and direction in order to further educate yourself on the issue of firearm coverage and whether to seek additional coverage above and beyond the homeowner 3 insurance policy
The time to think about liability insurance coverage is before you need it
Do you have a plan in the event that you are arrested in connection with a firearms related incident?
Do you have a plan in the event that you need to post bond/bail money to get released from custody?
Do you have a plan on obtaining an attorney in the event you are arrested and held in custody pending arraignment?
The time to develop these plans are before you need them.
DISCLAIMER: This and other segments posted on this website are offered for educational, informational and discussion purposes only and is not offered as legal advice.