TexasCHLforum.com

Although you may be absolved of any criminal liability for using reasonable force to protect life or property, you will very likely face a civil suit for wrongful death or personal injury should the “victim� survive.



In the case of civil liability, some homeowners and personal liability umbrella policies may respond to defend and pay damages on your behalf in the event of a judgment.



All homeowners policies under the “Liability� section excluded coverage for occurrences which are “expected or intended� by the insured. However, some policies have an exception for “reasonable force used to protect life or property� or what is commonly called a “self defense clause�.



If your homeowners policy has such a clause (typical of ISO policies), you will likely have coverage and your umbrella or excess policy will also pick up coverage in most cases if the homeowners limits are exhausted.



In Texas, the standard bureau form (HO-A / B) does not have such a self defense exception and we are at the mercy of case law to interpret what is meant by “expected or intended�.



Does anyone know if the Texas courts have found in favor of “insureds� in cases where they have to defend such actions?



See the attached article for further discussion:



http://www.irmi.com/Expert/Articles/2006/Cooper01.aspx