Gun Violence Coverage Issues


Summary

This practice note examines insurance coverage issues related to gun violence, recent litigation in response to active shooter and mass shooting incidents, and policy trends addressing coverage gaps and the needs of the marketplace. Liability insurance protects policyholders' assets from potentially devastating financial responsibility for fortuitous accidents. Insuring against using a gun to commit acts of violence does not neatly fit into any of the preconceived notions of insurance. Such violence invokes the response that crime and intentional acts are beyond the insurance pale. Most policies—whatever the coverage type—contain an intentional act exclusion, and the act of shooting a loaded weapon can easily be seen as an excluded intentional act. In practice, however, the answers are not as straightforward, and courts have long grappled with insurance and gun violence issues. Insureds seeking coverage against the backdrop of standard insurance policy language is often more difficult ...