Legal Shooting followed by lawsuit

G

Garand Illusion

New member
In NY, naturally ...

A lot of talk goes on about this, and some doubt it can happen. Here is a link to a story of a man who rightfully defended himself with a firearm and then was sued for wrongful death: Law Suit

A man who killed an intruder in his home in self-defense is not entitled to insurance defense in a wrongful death action, a divided Albany appellate panel ruled Thursday in a case of first impression
Click to expand...

So ... from my reading the article (and I'm a bit tired) I couldn't see if the lawsuit was successful or not. The story is really about whether or not the insurance company would have to pay for the liability, which implies the suit was successful (unless the isurance company was taking preemptive action).

I have been told by a lawyer that my million dollar "umbrella" policy will not protect me if I defend myself with lethal force and am sued. Hope I never have to test that.

Fortunately ... in Colorado, it's legally almost impossible for the perpetrator of a crime to sue his victim no matter what happens to him. Not quite as sewn up as the Fl law, but close. Though if we shoot an intruder into our house we are absolutely protected.
 
The insurance company sues prior to the main lawsuit...so the underlying cause of action in this case has not been decided.

The Plaintiffs lawyer is taking a chance here by not suing under the theory of negligence thereby triggering insurance coverage. Without knowing more, cant comment further.

Case will be appealed, which is automatic when there is a dissent in an intermeditae appellate court.

WildinterestingAlaska
 
First, Tikkas, now this! Good grief! :rolleyes: Hope Wild's gunshop prowess is superior to his understanding of the law. Might want to consider your "expert" advice to the plaintiff! Why don't they file a paternity suit as part of their "negligence" allegation? :D
 
Might want to consider your "expert" advice to the plaintiff! Why don't they file a paternity suit as part of their "negligence" allegation
Click to expand...

That is so nonsensical as to boggle the mind :D

But then again, based on your post, you really dont have any idea what I was saying do you.... :eek: :D

WilditsallacontractualissueyouknowAlaska
 
Wild is right.

Cook shoots an intruder.
Cook is charged with murder and acquitted.
Cook is sued by Barbers estate for wrongful death, which is different from negligence.
Cook's homeowners insurance refuses to honor policy.
Insurance comany seeks a declaration that they don't have to defend or indemnify.
District Court thinks otherwise and declines the declaration.
Insurance company appeals to District Court of Appeals.
Appeals court overturns the District Court.
Next up - Appeal to the state Court of Appeals.

All this, before the wrongfull death suit may proceed.

And Wild is also right in that a negligence suit, by Barbers estate, might have been easier from the start, but... A negligence suit would have forced the insurance company to defend and indemnify, according to the Appeals Court.
 
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