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Thread: Question: Award of Monitary Compensation After a Claim

  1. #41
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    Quote Originally Posted by Loosethoughts View Post
    And that's the problem in our society: THEY CAN DO WHAT THEY WANT.
    but if you're a law officer,,and you get some bull call about gun fires, in a wooded area,like the chance of hunters going on with their legal right, you REALLY want to trespass on POSTED PRIVATE property,to see where the gun fire is coming from,if it's a wooded area,i think most LEO would be smart enough to figure it's hunters,and head back to Timmie's..

  2. #42
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    Aniest, we're in February now. Did you finally get the official replies? I'd sure like to here what they are.

  3. #43
    Newbie Supra38's Avatar
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    Tagged in hopes to see Capri's official response. Some great questions were raised.

  4. #44
    Business Member Capri Insurance's Avatar
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    Quote Originally Posted by Supra38 View Post
    Tagged in hopes to see Capri's official response. Some great questions were raised.
    Sorry for the delay. I've sent a follow up in hopes to get this one taken care of as its taken longer then I'd hoped.

  5. #45
    Uber Super GunNutz aakoksal's Avatar
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    Just renewed mine... No matter how answer come back, this is still better than nothing... Any prosecutor knowing charged individual has this protection better think twice as they may get a serious beating by the judge...!

  6. #46
    CGN Ultra frequent flyer Ironheart's Avatar
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    Quote Originally Posted by aakoksal View Post
    Just renewed mine... No matter how answer come back, this is still better than nothing... Any prosecutor knowing charged individual has this protection better think twice as they may get a serious beating by the judge...!
    Your exactly right!

    Sick and tired of LE enforcing laws THEY KNOW NOTHING ABOUT

  7. #47
    Member ohferpete's Avatar
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    Quote Originally Posted by Wiskey1 View Post
    but if you're a law officer,,and you get some bull call about gun fires, in a wooded area,like the chance of hunters going on with their legal right, you REALLY want to trespass on POSTED PRIVATE property,to see where the gun fire is coming from,if it's a wooded area,i think most LEO would be smart enough to figure it's hunters,and head back to Timmie's..
    Yes, sadly I was shooting on my own property one evening (cabin in the woods) with my kids and shooting tannerite for the first time.
    The neibour thought in his "media filled mind", that I was shooting a howitzer or something. So he did the neiborly thing and called the cops.

    By the time the fuzz drove 40 min. out of town I was already done any shooting and went home. He left a RC card on my gate.
    so, I called him the next day and he said he was going to walk around my gate onto my property to have a look around but decided it was getting late and there was obviously no one there.
    So, in Canada anyone at anytime even a bad neibor can call an emergency number or the cops whether it is legit or not and they WILL follow up on it and it gives them the authority to search without a warrant. Furthermore in a 911 "dropped call" they can enter without anyone being home. (smash in the door)

    So whether you own firearms or not, our rights and freedoms are not as plentiful as people think. If you own firearms it is a lot worse. I wish the non firearms people new exactly what we where up against.

  8. #48
    CGN frequent flyer S1de8urnz's Avatar
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    Is there any answeres to the questions?
    -SideBurnz-

  9. #49
    Business Member Capri Insurance's Avatar
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    Please find the answer below in bold. I will leave this thread open for a short time but will be locking it so as to make sure it doesn't get off topic or that the answers get buried.


    Quote Originally Posted by Aniest View Post
    EDIT:I just got off the phone with Zach from Capri: his answers were precise and Very Positive!!! I will wait for his official reply in the new year for the answers.

    I have Zach’s verbal permission to copy his reply, from a reply and/or PM, to this original post.


    Capri;

    I was just reading the Insurance policy (here: https://firearmlegaldefence.com/wp-c...y-v1012-16.pdf) and wanted some clarifications on the policy before I decide to buy for the new year. I am not trying to bash Capri and/or Firearm Legal Defence when I ask these questions: I would rather understand the policy under the rarest and extreme circumstances than be ignorant for not asking.

    I am asking it in the forum instead of on the phone so it will hopefully encourage others to understand the policy and want to purchase firearm legal defence!

    Let's say for example (using this specific example to mitigate any possibility of non-firearms related charges occurring):
    The insured is using LAR mags with a capacity of 10 rounds of 5.56x45/.223Rem in a non-restricted firearm like the ATRS Modern Varmint. The insured is out legally walking on their own lawfully owned property hunting coyotes for the purpose of predator control on their hobby farm during the day when a RCMP officer stops the insured, arrests them and charges them with the LAR mags being a prohibited device for holding in excess of 5 rounds of 5.56x45/.223Rem in a semi-automatic firearm. The insured has proof of a valid PAL; proof of lawful ownership of the rifle, ammunition and LAR magazine; proof of ownership of the land and proof that during their hunting the insured was not in violation of provincial and other regulations (distance from a house, etc.).
    The insured also, during the event of being arrested, have actions taken against the insured by the officer(s) that they feel are also criminal (assault by the officer) and/or abuse of the insured's human rights. The insured call Firearm Legal Defence immediately upon being allowed their council. The prosecutor agrees to proceed with charges, likely quite a few, including the charges of possession of a prohibited device.
    The insured decides to not only plead 'Not Guilty' to all charges but immediately start a civil suit for a large sum of money for the actions taken against them by the officer(s) that the insured feels are also criminal (assault by the officer) and/or abuse of their human rights.

    Again, I am not trying to bash Capri and/or Firearm Legal Defence when I ask these questions: knowledge is power.

    1a. If the prosecutor decides to try a plea bargain to get the insured to plead guilty to a charge that results in only a fine (no seizure, no firearms restrictions, no jail time, etc) does the exclusion 3K apply, or does the underwriter pay that fine?

    In this particular scenario you would be responsible for paying the fine. The policy indemnifies the Insured against approved legal fees and disbursements only.

    1b. Should the above plea bargain be presented, should the insured decide to refuse the plea bargain, can the underwriter force the insured to do so, such as clause 6.5?

    The policy requires that you take all reasonable measures to minimize the costs of any claim (Clause 6.7) including pursuing settlement negotiations. If a plea bargain is presented, the appointed lawyer, who acts on your behalf and is not an agent of STERLON or the insurer, must notify the claims department. STERLON will, with the lawyers full consultation, determine if the plea bargain should be accepted. If the lawyer advises that the deal should be taken and you decline, coverage would stop. However, should you continue at your own cost and win the case, the insurer will reimburse your legal costs. Should the lawyer advise the plea bargain is unacceptable and advice to decline the bargain coverage would continue.

    2a. Should all charges be dropped, the Underwriter pays all legal fees incurred by the insured, but the insured proceeds with a civil suit with a separate legal council due to the actions taken against them by the officer(s) that the insured feels are also criminal (assault by the officer) and/or abuse of their human rights (not a part of or due to the criminal proceedings at all); can the underwriter then influence and/or be required to be a part of the civil suit. such as 6.7?

    The policy does not provide cover for the pursuit of any civil action.

    2b. Should an award be made to the insured as part of the civil suit because the court agrees that the insured had criminal actions taken against them (assault by the officer) and/or abuse of their human rights, does the insured have to reimburse the underwriter for the payments made for the firearm legal defence case, such as 6.6?

    Clause 6.6 only applies if it was a covered matter under the policy. Any award of costs in a separate civil action will apply to that action. The insured would not be required to reimburse the underwriter as the underwriter would not have been involved in the civil suit.


    Again, if I won a civil suit for $500K I'd be happy to reimburse the Firearm Legal Defence underwriter, but that's not the point: it is about understanding the possible actions of the underwriter. These are the tough questions I demand of my broker for my house, vehicle and other insurances so you are not special in that regard Capri.

    3. Should the insured decide to enact their policy with Firearm Legal Defence even though they are more than able to pay for the legal defence themselves (maybe for firearm specific council, extra legal help, whatever) can the underwriter deny the claim when no other reason would be applicable under the policy?

    No, the client’s financial position has no bearing on whether or not the policy will respond. Exclusions l) and m) would apply if the Insured has other insurance cover or is eligible for provincial legal aid

    4. Should the insured also be a member of firearm organization(s) and wish to enact council from them as well, can the underwriter deny the claim and/or other council, such as per 6.4(v)?

    The lawyer appointed to represent the insured must be chosen from the approved panel of law firms which is administered by the claims department. If the insured seeks assistance from a non - approved firm the legal fees incurred will not be covered under the insurance. Only legal fees which have been approved by the claims department will be covered. If the insured wishes the claims department to consider an alternative lawyer they can make representations to the claims department but there is no guarantee that the firm will be accepted.

    Thank you very kindly for your time, and hopefully very honest and satisfactory answers to my questions.


  10. #50
    Business Member Capri Insurance's Avatar
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    Unfortunately I've had to lock it to make sure the answers didn't get buried by unrelated conversation. Should you have any questions about this please message me directly.

    Thank you,
    Zach Schwingenschloegl

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