Notes from Mark Walters, Editor, AAN.
While this latest attempt to infringe on legal gun ownership has passed the San Jose City Council, various groups are lining up to challenge the ordinance in court. Of course, this type of ordinance is unconstitutional and likely will not stand up to the upcoming challenges, (think, why is this the first and only of its kind in the nation in the first place?).
In the meantime, as an XINSURANCE policyholder myself, I felt it a good idea to provide this information from XINSURANCE to our readers. As a gun owner and CCW holder, I have chosen to carry a REAL insurance liability policy to protect me against frivolous charges that may arise out of my self-defense use of a firearm, accidents, etc. No city council requires me to do so. I choose to have this coverage on my own.
While there are numerous groups that offer “legal protection” such as USCCA, US Law Shield, and others, Prime Insurance Company, (XINSURANCE), unlike those other organizations, is an actual AM Best “A” rated insurance company that writes a REAL insurance policy in my name and provides direct coverage to the insured. Those others rely on a third-party insurance carrier to list their memberships as “additional insured” on a policy written in the company name, not the individual member. Not only would I not carry that type of coverage for my home, boat, automobiles, life or health, business coverage, but I’m also pretty sure my lienholders wouldn’t allow it either.
In a 2018 case now moving through the courts, Kayla Giles is accused of murdering her estranged husband by the state of Louisianna. Ms. Giles is claiming self-defense at her trial. As a USCCA member at the time of the shooting, Ms. Giles stopped receiving benefits from the USCCA contracted Insurance provider, United Speciality Insurance Company (USIC). Ms. Giles is now actively suing both the USCCA and USIC.
Take note of this report from KALB:
The ‘Platinum Member’ policy Giles purchased provides $1 million and an additional $150,000 in legal fees. However, after receiving $50,000 of legal fees, the lawsuit claims that the companies have ‘refused further payment, despite amicable demand that they do so.’ (Emphasis added)
In response to the lawsuit filed in the U.S. Western District Court of Louisiana, the United Specialty Insurance Company provides several defenses, with the most important defense saying that, in the fine print of the policy, it is stated that “USIC has no obligation to provide a defense…in connection with the investigation or defense of any criminal charge or criminal proceeding against the insured” (Emphasis added) like the second-degree murder charge Giles is facing. This means that the company is not required to make payments to Giles because she is facing criminal charges.
In Delta Defense’s response, the company says that Giles’ claims do not apply to Delta, because “Delta did not negotiate or issue the policy of insurance” against which Giles is making claims. (Emphasis added) Also, in a similar response, the self-defense claim Giles is making “arises out of multiple criminal offenses” and is not covered by the policy she took out when she purchased the gun. Delta also defends itself, saying that Giles’ claims in her original petition were “vague and ambiguous,” suggesting that those complaints should be dismissed.
Giles and her attorney, Rocky Wilson, are seeking the money that she says should have been covered by her policy, as well as interest amounts from the dates when she should have received payment.
In this case, Delta Defense is the USCCA. The question becomes, what exactly did she pay for when they can walk away at the blink of an eye? Last I checked, Ms. Giles is innocent until proven guilty? Me? I don’t want to take that chance. Not with them or anyone else. NO WAY. I want my own policy written in my name by an actual insurance company specializing in a high-risk activity that is going to the mat with me if the shit hits the fan. I have the best insurance I can afford covering my life, health, cars, toys, home, and with XINSURANCE, my very freedom.
Myself and my businesses are proud to be not only covered by the best but able to bring the best to you and your lifestyle. I’m not willing to take a chance when my freedom is on the line.
Are you?
Statement from XINSURANCE
Updated 1/26/22
The votes are in! USA Today reported that San Jose voted Tuesday night (Jan. 25) to require gun owners to carry liability insurance in what’s believed to be the first measure of its kind in the United States.
San Jose is the first city to pass such a law and more cities will likely follow. XINSURANCE will be here to provide gun liability insurance for gun owners of San Jose as well as most other states!
Originally posted 7/6/2021
For the first time ever, a United States city is trying to require liability insurance for gun owners. San Jose wants to require gun owners to carry liability insurance and pay the city a fee to spare taxpayers the financial toll of gun violence. This proposed law has not yet been approved the city attorney is expected to bring the draft ordinance to the council in September for a vote. Some details are still being worked out, like how much the fee would cost every year, who should be exempt, how soon will the gun owners have to get insurance, and insurance requirements. Source: Mercury News
San Jose, California will probably not be the only city to consider this new law as gun violence increases in the United States. Finding a firearms and concealed carry a liability insurance policy that actually covers you, especially when a lawsuit, claim, or incident occurs, can be difficult to find. Fortunately, XINSURANCE is here to provide the solution.
About XINSURANCE and Firearms Liability Insurance
If you’re a San Jose resident who owns a gun, we can help you if this law gets approved.
First and foremost, XINSURANCE stands behind its customers. We offer insurance protection, a partnership approach, and a defense if you are named personally in a lawsuit.
Responsible people like you who are licensed to own a firearm understand that it is imperative to have a safety and liability protection plan in place. Traditional insurance policies can severely limit or exclude coverage when handling a firearm, which could leave you exposed to serious individual liability risks.
XINSURANCE is Powered By Evolution Insurance Brokers, LC (“EIB”), an excess and surplus lines insurance brokerage, specializing in liability insurance solutions for businesses and individuals who are in need of insurance. If you’ve been declined, canceled, non-renewed, or have a claims history, we can help you! With primary, excess, and umbrella coverage available in all 50 states, we provide true peace of mind.
Firearms & Concealed Carry Coverages
Available coverages include firearms liability (open and concealed carry), legal liability (accidental discharge), bond payment, and civil suit defense.
We also offer legal defense provided up until a court of competent jurisdiction enters a finding of guilt, at which time no further coverage is available under the policy and we will seek reimbursement for the cost of the legal defense.
Be Prepared and Get Started Today!
If you live in San Jose and need a liability insurance policy for your firearm(s), please head over to our Firearm & Concealed Carry Liability Insurance page to learn more and request a quote.
This policy is not just for San Jose, remember, XINSURANCE can provide firearms liability insurance solutions in all 50 states!
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