By Paul Lathrop | Contributing Editor
On May 25, Lewis County Superior Court Judge James Lawler denied a request made by the Armed Citizens’ Legal Defense Network, Inc. (ACLDN) to quash a $50,000 fine imposed against it and lift the cease and desist order from The Washington State Office of Insurance Commissioner.
ACLDN is a 19,000-plus member organization based in Onalaska, Washington with members in all 50 states, with no consumer complaints against it.
We caught up with ACLDN President Marty Hayes at the NRA Annual meetings and exhibits over the Memorial Day weekend.
“The Judge bought the OICs argument, hook, line, and sinker,” Hayes said. “I still don’t understand how anyone can consider an act of self-defense, anything other than an intentional, willful act. He seemed to believe that it’s in response to you having your life put in danger, and while that may be, the fact of the matter is, you still have to decide whether or not to defend yourself. That makes self-defense an intentional act, and last time I checked you don’t insure an intentional act.”
Options for the network include appealing the decision, continuing to not sell memberships in Washington state, or becoming an insurance company, and selling insurance.
“The Problem with that,” Hayes said, “is that the commissioner will require us to have a recoupment clause in our policy. That recoupment cause means that if you lose your self-defense claim then you have to pay the insurance company back”
According to attorney Spencer Freeman, who represents the ACLDN, state law defines insurance as: “A contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.” But, Freeman said, when a member applies for a grant of financial assistance, they know there is no guarantee of assistance. The Network does not indemnify anyone, nor does it guarantee any specific payment upon a determinable contingency.
Hayes said that ACLDN will appeal to the Washington State Court of Appeals far in advance of the June 25th deadline.
