By Mary Byrnes, AAI-M, AU, Education Department
The recent news of the Gilroy Garlic Festival, El Paso & Dayton mass shooting incidents has sent us all reeling and left with so many unanswered questions. The horrors of the individuals and families impacted by these events are unfathomable.
These incidents and the ones that have come before them bring the question of coverage to the forefront for not only our industry but also for insureds who want coverage. We are starting to see “Active Shooter Coverage" becoming available. The most interested in coverage are likely to be places where there are large gatherings of people. If you provide coverage to schools, churches, special events, municipalities, etc. it's not outside of the realm that you'll be questioned about the exposure or coverage. These types of insureds won't just be looking for the coverage, but they'll probably also be interested in the risk management features of preparedness and crisis management if it's ever needed.
Would this exposure be covered by the CGL and umbrella? They may be or perhaps not. The trigger on much of the coverage on these forms is “legal liability" of the insured. Was the insured negligent in some way or did they conduct their business in a reasonably prudent manner? Many of the types of operations have policies designed for that type of entity specifically and they will vary from carrier to carrier. That question cannot be answered definitely. Defense may be provided as the duty to defend is usually provided if there is a chance of legal liability on the part of the insured.
Will the Terrorism Coverage apply? Terrorism is defined and acts are declared as acts of terrorism at the Federal level (TRIA).
The best advice to gauge whether coverage applies or not is to become very familiar with the policy forms and endorsements. As you're aware…the ifs, ands, buts and howevers all have a world of meaning.
If you have an insured who is interested in active shooter response training, New York State, Homeland Security and Emergency Services has a training program that is conducted in the Utica area. They have a train the trainer workshop “Active Shooter Exercise Development Workshop". There is no fee for the course. They state, “Participant Audience have come from but are not limited to: Law Enforcement, Elected and Appointed Officials, Schools, Houses of Worship, Entertainment Venues, Health Care, Fire Services, Emergency Management, Emergency Medical Services and Hospitals. Attendees must also be a U.S. citizen or have prior approval to attend. The New York State Division of Homeland Security and Emergency Services (DHSES) reserves the right to determine eligibility for this course." Under the Lodging portion of the info, it says that they provide lodging for public sector personnel with some specific criteria listed. Their calendar is available if you have an insured that might be interested.
It was never anticipated that this would be a subject that we would ever have to tackle. On that sad note, I hope that this provides you with some answers to help you guide your insureds.