Insurers Act to Limit Exposure
In Suits Filed Against Gun Makers
By DEBORAH LOHSE and VANESSA O'CONNELL
Staff Reporters of THE WALL STREET JOURNAL
As litigation mounts against gun makers and distributors, liability insurers
are taking steps to limit their exposure.
Several insurers have notified gun companies and industry trade groups
that they won't necessarily cover damages awarded in lawsuits, including
suits brought by municipalities seeking to recover public costs related
to
gun violence.
The insurers' stance creates a danger for
smaller gun companies, which industry officials
have said might be forced to seek
bankruptcy-court protection if faced with
sizable verdicts. Without insurance coverage,
the firearms industry as a whole also could be
forced to consider settling lawsuits rather than
fighting them.
The move to limit coverage comes as more
cities are gearing up to sue and after a federal
jury in Brooklyn, N.Y., this month found that
15 of 25 gun makers distributed weapons negligently. In the Brooklyn
case, brought by the families of seven shooting victims, the jury imposed
$520,000 in damages against three gun manufacturers: the Beretta U.S.A.
Corp. unit of Italy's Beretta SpA; American Arms Inc.; and the Taurus
Manufacturing International Inc. unit of Brazil's Forjas Taurus SA. Last
week, the judge presiding over the case ordered a fourth gun maker, S.W.
Daniel Inc., to pay $49,000 in damages.
Open Question
"It's an open question at this point as to whether insurers will have to
cover
damages," said Daniel T. Hughes, a lawyer for American Arms, which was
ordered to pay $9,200 and has been told by Home Insurance Co. that it
won't necessarily cover any damage awards. Home is one of several
insurers of defendants in the Brooklyn case that sent their clients so-called
reservation of rights letters during the trial. A spokesman for Home, which
now handles claims under the supervision of the New Hampshire insurance
department, said he couldn't verify the information.
Some insurance brokers say their clients who are defendants in the city
cases also have gotten, or expect to receive, reservation-of-rights notices
from their insurers.
Insurance companies often try to avoid covering jury awards in cases that
aren't clearly covered by the language of their policies. In the gun cases,
which all make novel allegations, "all carriers will look for a way to
escape," predicts Jay Mayesh, a product-liability defense lawyer who isn't
involved in the litigation.
The insurers are scrutinizing the city suits to see whether such allegations
as
"negligent marketing" of guns are covered by their product- or
general-liability policies. The theory that gun makers fail to take reasonable
care to keep their weapons out of criminal hands was the core of the
trailblazing Brooklyn case. Chicago and Bridgeport, Conn., make similar
allegations. New Orleans, Miami and Atlanta allege that gun makers were
negligent in failing to incorporate safety devices in their products.
Warning in Chicago Case
Indeed, Hi-Point Firearms, a Mansfield, Ohio gun maker with about $4
million in annual sales, was told by its product-liability insurer,
Bermuda-based Sporting Arms Insurance Ltd., that any damage awards in
Chicago's negligent-marketing suit wouldn't be covered by the policy,
according to Tom Deeb, president of Hi-Point. An executive at the
insurance company said it has sent out reservation-of-rights notices, but
couldn't be reached for comment about Hi-Point.
Lawyers say a product-liability insurer could also argue that the shootings
by criminals weren't caused by a misfire or malfunction of the gun, the
classic trigger for such policies to pay.
Grounds for denying a claim also might center on language in many
general-liability policies that excludes payments for "intentional acts,"
which
insurance companies may argue include flooding lax-regulation areas with
guns that fall into the hands of criminals. Timothy Bumann, an attorney
for
Taurus, said plaintiffs could "prove themselves out of coverage" and have
to try to collect from gun makers.
Then again, gun companies could argue that insurers should pay unless
they can prove the gun companies intended to cause deaths, not just to
flood certain markets, said Robert L. Carter, a product-liability lawyer
whose firm has represented gun makers in the past.
Some insurers, meanwhile, are backing away from new gun business. New
York-based Gulf Insurance Group, part of Citigroup's Travelers Property
Casualty Corp., last week stopped writing policies for shooting ranges
if
the ranges also sell guns, according to an agent. A Travelers spokesman
confirmed that Gulf Insurance no longer writes such policies.