civil liability?

[Target1911]

If you are in a shooting at work........... i know that u personally cant be civilly sued for a justifiable shoot but can your employers insurance company be held liable through a civil suit? I ask because the owner of the company i work does not care if we carry but yet the insurance company requires a no gun policy and will drop the company if they find out that any of us carry at work. There are not very many ins companies that will insure this type of company and it seems none of them are firearm friendly or give a hoot aboit how dangerous my job is or even care that Texas law allows us to legally carry.

Thanks

[jester]

i know that u personally cant be civilly sued for a justifiable shoot

Uh-oh!

[Target1911]

i know that u personally cant be civilly sued for a justifiable shoot

Uh-oh!

Please explain

[TexasGal]

Read this thread and you will see you can indeed be the victim of a civil suit. You will probably win it, but that may not save you from the cost and pain of getting to that verdict:
viewtopic.php?f=7&t=32248

[bdickens]

Someone can sue you because it is Tuesday.

[chartreuse]

Someone can sue you because it is Tuesday.

Hey, it's Wednesday, not Tuesday! I'm gonna sue!

[Dave2]

Someone can sue you because it is Tuesday.

Hey, it's Wednesday, not Tuesday! I'm gonna sue!

People have been successfully sued for less.

[Target1911]

REALLY? Maybe i should have just asked a SIMPLE question rather than explaining as much as i did or worded my question different. I figured yall would get what i was asking...........MY BAD

IS AN INSURANCE COMPANY COVERED UN THE "IMMUNE TO CIVIL LIABILITY" THE SAME AS AN IDIVIDUAL IS?

And please dont say again......you can be sued for anything. I Know.

[jester]

Is the insurance company the shooter? http://www.statutes.legis.state.tx.us/D ... htm#83.001" onclick="window.open(this.href);return false;

[Crossfire]

REALLY? Maybe i should have just asked a SIMPLE question rather than explaining as much as i did or worded my question different. I figured yall would get what i was asking...........MY BAD

IS AN INSURANCE COMPANY COVERED UN THE "IMMUNE TO CIVIL LIABILITY" THE SAME AS AN IDIVIDUAL IS?

And please dont say again......you can be sued for anything. I Know.

Sometimes things don't always come across the way you intended. I think I understand your question now. You, the shooter, would be immune from civil liability, but would your company's liability insurance have to pay up?

Don't know the answer to that one. But, that's a good question for Mr. Cotton. Charles?

[b322da]

REALLY? Maybe i should have just asked a SIMPLE question rather than explaining as much as i did or worded my question different. I figured yall would get what i was asking...........MY BAD

IS AN INSURANCE COMPANY COVERED UN THE "IMMUNE TO CIVIL LIABILITY" THE SAME AS AN IDIVIDUAL IS?

And please dont say again......you can be sued for anything. I Know.

Sometimes things don't always come across the way you intended. I think I understand your question now. You, the shooter, would be immune from civil liability, but would your company's liability insurance have to pay up?

Don't know the answer to that one. But, that's a good question for Mr. Cotton. Charles?

I really cannot tell, with confidence, Crossfire, whether the OP got more clear or less clear in his revision of his question, and trying to answer a question which is not clear changes an answer to speculation.

I might offer a possible answer -- a personal opinion, not a legal opinion. If your employer did something wrong which led to its liability, and that liability is covered within the fine print of its liability insurance policy, then its liability coverage should pay however much the policy binds itself to pay. While this answer may sound unduly general, in my personal opinion it is no more general than the question is.

If this question is not an unimportant academic exercise I would respond this way. A sit-down is in order with the poster, his employer, the employer's lawyer, the employee's lawyer, and, possibly, later, a responsible representative of the employer's liability insurance company. After all, it is the employer who, if I understand the question, has the dilemma, not the employee.

I of course defer to Chas. here, one more appropriate to answer the question, if indeed, it is answerable without a bunch more facts added, along with seeing the fine print of the employer's liability policy.

[Charles L. Cotton]

REALLY? Maybe i should have just asked a SIMPLE question rather than explaining as much as i did or worded my question different. I figured yall would get what i was asking...........MY BAD

IS AN INSURANCE COMPANY COVERED UN THE "IMMUNE TO CIVIL LIABILITY" THE SAME AS AN IDIVIDUAL IS?

And please dont say again......you can be sued for anything. I Know.

Sometimes things don't always come across the way you intended. I think I understand your question now. You, the shooter, would be immune from civil liability, but would your company's liability insurance have to pay up?

Don't know the answer to that one. But, that's a good question for Mr. Cotton. Charles?

If a person or entity is not liable in damages to the plaintiff/claimant, then the insurance company does not have to pay. Insurance is nothing but a contract by which the insurance company agrees to pay any amount (within policy limits) that the insured person is legally obligated to pay. If the insured doesn't have to pay, neither does the insurance company.

Chas.

[Target1911]

Thank you Chas.

That is what i was thinking myself. Why is it then that most Ins Co have a no gun clause? Whould it be that it may still cost them in court cost if someone was to try and sue? Can someone even try to sue even though the law states you have civil immunity? I know many try for no other reason than to settle out of court.

[tacticool]

That is what i was thinking myself. Why is it then that most Ins Co have a no gun clause? Whould it be that it may still cost them in court cost if someone was to try and sue? Can someone even try to sue even though the law states you have civil immunity? I know many try for no other reason than to settle out of court.

You would have to ask the insurance company their reason. Some possibilities are
1. There's no civil immunity for "accidental" (negligent) shootings.
2. There's no civil immunity for someone going crazy and shooting coworkers.
3. The insurance company is run by gun-phobes.
4. The insurance covers the company, not the individual employees.
5. It's a Thursday.

[LarryH]

That is what i was thinking myself. Why is it then that most Ins Co have a no gun clause? Whould it be that it may still cost them in court cost if someone was to try and sue? Can someone even try to sue even though the law states you have civil immunity? I know many try for no other reason than to settle out of court.

You would have to ask the insurance company their reason. Some possibilities are
1. There's no civil immunity for "accidental" (negligent) shootings.
2. There's no civil immunity for someone going crazy and shooting coworkers.
3. The insurance company is run by gun-phobes.
4. The insurance covers the company, not the individual employees.
5. It's a Thursday.

6. The company also does business in other states, that have no civil immunity.