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Old 10-22-2019, 06:34 PM
Mr. Sockpuppet Mr. Sockpuppet is offline
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Default Self Defense Insurance carrier refuses benefit



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Kayla Giles files federal lawsuit against companies providing self-defense insurance policy

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The lawsuit claims that the ‘Platinum Member' policy Giles purchased provides $1 million and an additional $150,000 in legal fees. However, after receiving $50,000 of legal fees, the companies have 'refused further payment, despite amicable demand that they do so.'
There is probably a clause in the policy that provides the carrier the ability to review the totality of the circumstances and cut their losses.

ETA: Delta Defense, LLC is the private company that provides marketing, operations and customer care services to USCCA. Tim Schmidt is Delta Defense CEO, as well as the founder of USCCA.
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Old 10-22-2019, 07:01 PM
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Not familiar with the case but it's probably just like car insurance companies don't have to pay if the driver was intoxicated.
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Old 10-22-2019, 07:04 PM
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They don't say in the article, but was it really self defense or murder? She shot and killed her husband.
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Old 10-22-2019, 07:27 PM
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Quote:
Originally Posted by A_SonofLiberty View Post
They don't say in the article, but was it really self defense or murder? She shot and killed her husband.
Ah!


The plot thickens.....
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Old 10-22-2019, 08:38 PM
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Originally Posted by A_SonofLiberty View Post
They don't say in the article, but was it really self defense or murder? She shot and killed her husband.
I'm not taking a position if she is guilty or innocent, but self defense is self defense if the attacker is a spouse, bf/gf, sibling, child, parent, neighbor, or complete stranger.
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Old 10-22-2019, 09:37 PM
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YOU CAN kill a spouse in self defense and walk.
I saw it a few times in the hood.

Someone gets all drunked up or drugged up and starts beating the crap out of their "loved one" or threatening with a knife or gun... the offender is as fair a game as a total stranger in an assault would be.

Especially if there was prior documented domestic violence in the mix.
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Old 10-22-2019, 09:39 PM
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Quote:
Originally Posted by NW GUY View Post
YOU CAN kill a spouse in self defense and walk.
I saw it a few times in the hood.

Someone gets all drunked up or drugged up and starts beating the crap out of their "loved one" or threatening with a knife or gun... the offender is as fair a game as a total stranger in an assault would be.

Especially if there was prior documented domestic violence in the mix.
Agreed. However, there is not enough information in that article to make any kind of determination. It is just odd that she killed her husband in a walmart parking lot and claimed self defense. That is all I am saying, there are questions that need to be answered here.
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Old 10-22-2019, 10:05 PM
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True. There is not enough information available to figure out why they are balking at covering her legal fees.
My guess would be that it is looking more like murder than self defense so they don't want to lose money defending a potential murderer.

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Old 10-22-2019, 10:29 PM
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YEAH gotta agree with that. One of the issues is can you safely get away from the threat?
If she is in a parking lot going after him she is not in immediate danger unless she is being dragged behind the car or going to be run over by the car.
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Old 10-22-2019, 11:40 PM
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Kinda makes ya question if perhaps she bought the insurance as an alibi, and a means of paying for a decent defense. IOW premeditation. Not nearly enough info to come close to being able to say she knew ahead of time, or the insurance companies are just trying to exploit a possible loophole.

RR
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Old 10-22-2019, 11:47 PM
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https://heavy.com/news/2018/09/kayla-jean-giles/

https://metro.co.uk/2018/09/10/abusi...ldren-7932046/
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Old 10-23-2019, 04:27 AM
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If you can believe the information on the article posted by Heavy.com news in the link above mine I can see why they do not want to pay anymore....seems like this was a pre meditated murder to me. I could be wrong but it seems that way to me.
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Old 10-23-2019, 05:34 AM
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Wonder if all the various SD insurers will amend terms/conditions/policies...
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Old 10-23-2019, 05:56 AM
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NW, there are plenty of reasons I document what happens at home.... he seems to have a death wish and I'm not going to prison if he kills himself.
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Old 10-25-2019, 03:19 PM
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Quote:
Originally Posted by Mr. Sockpuppet View Post
Kayla Giles files federal lawsuit against companies providing self-defense insurance policy



There is probably a clause in the policy that provides the carrier the ability to review the totality of the circumstances and cut their losses.

ETA: Delta Defense, LLC is the private company that provides marketing, operations and customer care services to USCCA. Tim Schmidt is Delta Defense CEO, as well as the founder of USCCA.
It's probably like car insurance, where the insurer has their own investigators and finder of fact completely independent of the police and the courts, and it would be incumbent upon the insured with the denied claim to seek remedy against the insurer in civil session, completely unrelated to the criminal charges and not affected by their outcome for validity.

That is to say, the insurer could come to the conclusion that she goaded her husband into the encounter, as a pretext to murder him, and even if she is acquitted by a criminal jury, she would then have to sue the insurer for monetary damages for denying her claim. And that civil court would act as an entirely separate finder if fact, possibly coming to the exact opposite conclusion as the criminal court.

Although not regarding insurance, we have seen such high profile divergences between civil and criminal liability, particularly in the case of OJ Simpson. In that case, the criminal court found him not guilty, but the civil court ordered that he pay restitution for killing the two people that the criminal court exonerated him for.
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