The following terms of service (TOS) acts as the legal agreement (contract) between the paid member and CCW Safe, LLC. These terms cover all HR218 plans and New York law enforcement plans (HR218, NYSAFE, RSA, 10-13, LBA, etc.). This coverage is for OFF-Duty incidents where the member is not performing any security type functions for pay or volunteer services where he/she is protecting a location, person or property to include those extra duty jobs by agencies or private entities. No services shall be provided, and no coverage shall be purchased for those that live in the states of New Jersey or Washington, regardless of active status, retired status or LEOSA qualification, due to state restrictions. Those who are not members of specific associations (RSA, LBA, 10-13, etc.) have to join under the general coverage plans (HR218 or NYSAFE plans).
CCW Safe is a “Legal Service Subscription Plan” that strives to protect and serve the best interests of our members before, during, and after any “Recognized Self-Defense Use of Force Incident”. This is not an insurance product or a reimbursement plan. All contracted fees (100%) are paid up front as agreed upon in this contract with no “out of pocket” contribution by the member other than the plan fee.
COVERAGE, SERVICES AND RESOURCES ARE RESERVED FOR ACTIVE CCW SAFE MEMBERS ONLY AND WILL AUTOMATICALLY TERMINATE UPON CANCELLATION OR NON-RENEWAL OF THE COVERED MEMBER’S SUBSCRIPTION WITH CCW SAFE OR, THE FAILURE TO MAINTAIN SUCH MEMBERSHIP IN GOOD STANDING. NO INCIDENT SHALL BE COVERED WHICH OCCURRED PRIOR TO ACTIVE MEMBERSHIP OR IF A PAYMENT IS PURPOSELY MISSED BEFORE AN INCIDENT IS REPORTED. DURING THE TIME AN ACTIVE CASE IS BEING WORKED THE MEMBER MUST CONTINUE TO MAINTAIN RENEWAL PAYMENTS UNTIL THERE IS NO FURTHER NEED FOR RESOURCES AND CCW SAFE HAS RESOLVED THE INCIDENT.
CCW Safe is eager to welcome ALL New York state law enforcement, active and retired, to its membership community, and for the opportunity to provide you the services outlined in this Terms of Service Agreement and plan descriptions [Revised 06/10/21]. Throughout this document the words “you” and “your” shall have the same meaning as “Covered Member” or “Additional Covered Member.” Under this document the word “Insured” and “the Company” refers to CCW Safe, LLC. CCW Safe hereby certifies that this Terms of Service Agreement is subject to all terms, exclusions, conditions and provisions of the subscription plan and any amendments thereto, for each Covered Member enrolling or renewing membership with CCW Safe during the “Subscription Period.”
You will be eligible for member services and benefits, according to your selected level of service, according to the membership terms and requirements described below:
In accordance with your selected plan and level of service, any Covered Member must either be an active or retired New York law enforcement officers or be qualified and covered under “LEOSA-HR218” being described as a “Qualified law enforcement officer” under that statute, and not be a prohibited person to possess a firearm by the state New York or federal law to be eligible for any services offered by CCW Safe. It is the exclusive responsibility of the “Covered Member” to review and understand applicable laws and regulations on where and how the “Covered Member” can legally possess and/or use a firearm.
The “Covered Member” must agree to these Terms of Service, acknowledge the “Covered Member” is not prohibited to be in possession of a firearm, remit payment for a selected membership subscription plan, and provide a complete and accurate application before the “Covered Member” prior to receiving service. The “Covered Member” must maintain the accuracy of the application by supplementing or updating the information contained in the application and by disclosing, through electronic mail to CCW Safe, any information materially related to the information requested in the application, for as long as the “Covered Member” holds active status. Any misrepresentations, omissions, or other inaccuracies, of any kind, in the information disclosed to CCW Safe through the application process, including, but not limited to, information regarding the existence or status as a member of an association, status under LEOSA-HR218 for law enforcement, residencies in one of the two restricted states (NJ and WA), eligibility to legally possess a firearm, or any other false information may result in termination of subscription or forfeiture of membership. No non-permit plans or plans not mentioned above can be purchased by those under this contract.
In the event of a declined transaction, and the failed payment is not remedied within 48 hours with a payment being received by CCW Safe, the “Covered Member” acknowledges that CCW Safe reserves the right to void and cancelled the subscription and membership. In the event that a “Covered Member” wishes to cancel their membership and cease payments, then “Covered Member” shall provide notice of such intent to CCW Safe by phone call to the non-emergency customer support line or by email to email@example.com to be cancelled by the administrative office. There will be a 30-day notice provision following notification of intent to cancel membership. This could include a pro-rated refund if applicable.
Member Services & Coverage:
In accordance with your selected plan and level of service, if you are active or retired and are qualified under LEOSA-HR218, or are qualified law enforcement spouse, and are in legal possession of your firearm or other weapon during a Recognized Self-Defense Use of Force Incident, CCW Safe will pay all the reasonable costs to defend the “Covered Member” against criminal charges, civil suits, including pre-indictment investigation, and administrative claims against the “Covered Member” arising out of the use of a legal firearm or other legal weapon during Recognized Self-Defense Use of Force Incident.
Member services apply only to a Recognized Self-Defense Use of Force Incident:
- That occurs during the Subscription Period;
- Takes place in the “Covered Territory;”
- That occurs in a location that honors the Covered Member’s legal firearms to include states legally transporting firearm under your LEOSA/HR218 status that is not a restricted state of coverage (New Jersey or Washington); and
- That occurs in the Covered Member’s residence or any place a Covered Member can legally possess a firearm during the life-threatening threat or attack which calls for a legal deadly force for the response calling for a legal deadly force in self-defense of the “Covered Member”, Covered Member’s family, or third party.
CCW Safe provides services when a Recognized Self-Defense Use of Force Incident occurs at a location in which you are allowed to be present and allowed to possess a firearm which you are legally entitled to possess and are acting in self-defense. CCW Safe will provide services in connection with civil, criminal and administrative actions taken by a state, local, or federal government or regulatory agency, related to Recognized Self-Defense Use of Force Incidents, which include proceedings related to:
- Any self-defense shooting occurring in any location that honors your active or retired status, with a legal firearm according to the state the use of force occurs.
- Any self-defense shooting occurring in any location that honors your LEOSA/HR218 status as a Qualified Active or Retired Law enforcement Officer.
- Any self-defense shooting or use of force with any weapon or object or any legal firearm, to defend a life-threatening attack, occurring in your residence, private property in which you are not trespassing or a public place or property where you can legally possess a legal firearm and any self-defense shooting or use of force occurs with any weapon or object or any legal firearm. A legal firearm includes any firearm that meets the applicable definition of “firearm” under state and federal laws.
- Any administrative action stemming from a Recognized Self-defense Use of Force Incident against you or any registered concealed handgun in the state which issued your license.
- Criminal, administrative or civil actions brought against the Covered Member following a Recognized Self-Defense Use of Force Incident and stemming from one of the above-described situations.
- Criminal Defense and Supplementary Payments:
Criminal defense and supplementary payments includes attorney’s fees for an experienced criminal defense lawyer, or civil lawyer as necessary, costs of investigation, expert witness fees, and other reasonable and necessary litigation expenses. CCW Safe membership also includes the costs of an appeal or a retrial. There is no fixed limit on the attorney’s fees or litigation costs.
CCW Safe will also pay all defense costs for any proceedings against the Covered Member and the following associated costs as expenses, depending on service plan “Added Law Enforcement Spouse” Bail premiums will match the Primary member:
- Bail premiums;
- Attorney consultation fee and retainer;
- Expert witness or expert consultant fees;
- Investigators cost and expenses;
- All reasonable expenses incurred by the CCW Safe to assist in the investigation or defense of the criminal charges; and
- All costs taxed against the Covered Member in any such proceeding;
CCW Safe will also pay all reasonable expenses incurred by CCW Safe for:
- Psychological counseling support for the Covered Member up to 10 sessions at a rate of up to $150 per session;
- Reimbursement up to $500 dollars for a firearm replacement, where lawful, for the Covered Member if because of the confiscation their firearm is not returned in a timely manner;
- Membership includes a work loss coverage up to $250 per day, depending on service plan, while the Covered Member is in criminal trial.
- Membership includes peer support by a former law enforcement officer who has been involved in shootings.
- Expungement of Criminal Record following a not guilty verdict on all plans.
- Crime Scene clean-up within the home on all plans.
- CCW Safe shall cover Appeals, Retrial after Appeals and Retrial following Mistrials.
Membership includes “bail premium” paid for up to a $500,000, bond; CCW Safe will select a bondsman and make arrangements for obtaining the bond. CCW Safe will pay the bond premium for its Covered Members, which is typically up to 10% of the bond. CCW Safe does not put up the collateral for the bond, as this is the responsibility of the Covered Member to coordinate through the bondsmen. CCW Safe will facilitate acquisition of the bail bond and pay the premium, but not more than 10% of the listed bond. An example would be if the Covered Member received a $100,000 bond, CCW Safe would pay the $10,000 premium. The rest of that bond is secured by collateral of the Covered Member, if needed.
CCW Safe will also pay all premiums on bonds to release attachments for an amount, not in excess of the limits of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for, or furnish such bonds. CCW Safe WILL NOT provide any collateral for any bonds.
Representation, under the selected level of service, shall relate to representation in a legal matter stemming from a Recognized Self-Defense Use of Force Incident, pursuant to a duly-licensed and in good standing concealed carry weapon permit, and the other mentioned requirements above, for the time period associated with your membership term, which commences upon completion of a successful payment to CCW Safe and continues for the term of your selected CCW Safe coverage. Representation includes securing legal and investigative services with professional firms located in the jurisdiction of occurrence. Covered Member acknowledges that CCW Safe does not provide legal advice, and Covered Member acknowledges that no attorney-client relationship is created between Covered Member and CCW Safe upon remitting membership payment for a selected level of service or acknowledgment of these Terms of Service by Covered Member.
Although, CCW Safe will obtain and pay all legal services related to a Recognized Self-Defense Use of Force Incident, the Covered Member expressly and unconditionally releases without limitation and agrees to hold harmless CCW Safe from any claim, controversy, or dispute arising out of any legal services or other service rendered by a network or non-network law firm, its attorneys and other personnel, a professional firm or business affiliated with or retained by a network or non-network law firm, and its employees, contractors, or personnel.
Civil Coverage Acknowledgement:
Covered Member acknowledges that this is not an insurance product. Covered Member understands that this is a services agreement, therefore, any monetary judgments or fines rendered against a member, who does not have a plan that includes civil liability coverage, is the responsibility of the Covered Member. If a Covered Member has a civil damage coverage plan, or if a Covered Member has added the coverage to a plan prior to the Recognized Self-Defense Use of Force Incident, only then will the Covered Member be covered for up to $1,000,000 if not outside of coverage restrictions.
Civil Coverage and Limits of Liability:
A CIVIL LIABILITY POLICY PROVIDES COVERAGE ON A CLAIMS MADE AND REPORTED BASIS SUBJECTED TO THE LIMITS OF LIABILITY, TERMS AND CONDITIONS DETAILED HEREIN. THIS POLICY APPLIES ONLY TO ANY CLAIM FIRST MADE BY THE INSURED ON BEHALF OF A “COVERED MEMBER” AND REPORTED TO THE INSURER DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING THAT MAY APPLY.
Named Insured: CCW Safe, LLC – through 2A Insurance Company
2A INSURANCE is a segregated account of MADISON FIRST PROPERTY AND CASUALTY, LTD SAC, a Segregated Accounts Company registered under the Segregated Accounts Companies Act of 2004. This transaction, which is the subject of this document, relates to segregated account 2A INSURANCE.
Damages – Each Claim Limit:$1,000,000
Damages – Aggregate:$1,000,000
Civil liability coverage stemming from a Recognized Self-Defense Use of Force Incident offers coverage of $1,000,000 per incident, and $1,000,000 in the aggregate. Litigation fees and expenses are separate from the $1,000,000 liability coverage. For example, your $1,000,000 in civil damages protection is not consumed by the fees and costs of litigation. In states where a criminal conviction occurs, and where you are found guilty of a crime, and the law precludes the assertion of self-defense as a viable defense in a civil case, then the extent of liability damages protection is $100,000 per incident and $100,000 in the aggregate.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
Civil Defense & Liability, Supplementary Payments:
With respect to any Recognized Self-Defense Use of Force Incident covered under this civil liability policy, CCW Safe shall pay for all costs of defense, subject to the limits of liability, which shall mean any costs incurred by you to:
Defend any suit against the Covered Member alleging such “Bodily Injury” or “Property Damage” and seeking “Damages” on account thereof, even if such suit is groundless, false, or fraudulent; but CCW Safe shall have the right to make such investigation of any claim or suit as may be deemed expedient by the CCW Safe, but CCW Safe will have no duty to defend the insured or member against any civil suit seeking damages for bodily injury or Property Damage to which this insurance does not apply.
Under a civil liability policy, CCW Safe will pay all reasonable expenses incurred by the CCW Safe in the investigation of any Recognized Self-Defense Use of Force Incident prior to any criminal charge or civil proceeding being made against the Covered Member, including but not limited to:
- Attorney consultation fee, retainer, and fees for attorney to accompany Covered Member and/or the “Resident Family Member” to all meetings and interviews with authorities;
- Defense costs;
- Expert witness or consultant fees;
- Actual loss of Covered Member earnings up to $250 per day because of time off from work during the time of civil trial; depending on plan.
In the event the Covered Member or the insured’s other insurers elect not to appeal a judgement in excess of the other valid and collectible insurance limits, CCW Safe may elect to make such appeal at their cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of CCW Safe for damages exceed the applicable limits of liability set forth in the notice of insurance issued to the respective Covered Member for any one “Occurrence” and in addition the cost an expense of such appeal.
In as much as this policy is excess coverage, any insured’s right of recovery against any person or other entity cannot be exclusively subrogated to CCW Safe. It is, therefore, understood and agreed that in case of a payment hereunder, CCW Safe will act in concert with all other concerned interests (including the Covered Member), in the exercises of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Covered Member) that have paid an amount over and above any payment received hereunder, shall first be reimbursed up to the amount paid by them; CCW Safe shall then be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Covered Member) of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the concerned interests (including the Covered Member), in the ratio of their respective recoveries hereunder.
Assignment of interest under this policy shall not bind CCW Safe until its consent is physically endorsed thereon in writing.
Law Enforcement plan requirements. This coverage is for OFF-Duty incidents where the member is not performing any security type functions for pay or volunteer services where he/she is protecting a location, person or property. To qualify for the LE plan, you must be a commissioned peace officer, local, state or federal, with powers of arrest and the ability to carry a firearm legally while off duty and as defined by LEOSA (see below). Those active officers are only covered for off-duty self-defense incidents in response to a life-threatening attack. Active officers must place the information of their agency state, name of agency and their commission/badge number in the space provided on the website for “permit/license and HR218” information.
If retired LE, you must be considered a qualified law enforcement officer under the federal definition (see below) and be able to show support documentation and be carrying under LEOSA (HR218) or with a CCW permit.
The following occupations DO NOT qualify for the LE plans and cannot join in the state of New York: EMTs, Firemen, Emergency workers that are not LE, Correction Officers (that are not under LEOSA), Security guards, Paid or Volunteer Security officers, Bond Agents, Bodyguards, Firearms Instructors, or any other person that does not fall under the definition of “Qualified law enforcement officer” through federal LEOSA guidelines.
You will need to Place in the designated fields “State”, “CCW License” and “HR218” any information that shows your status and send a copy of retired ID to firstname.lastname@example.org for verification of status.
[STATE ACTIVE or RETIRED FROM] for “state”
[NAME OF AGENCY] for “CCW License”
[BADGE NUMBER or COMMISSION NUMBER] for “HR218”
Please know that those carrying under HR218 must be active or retired LEO or meet the definition of “Qualified Active/Retired Law Enforcement Officers” under the LEOSA requirements. The restrictions (those who are not covered) are listed in the terms of service under “Restrictions…”
In 18 USC § 926B(c), “qualified law enforcement officer” is defined as any individual employed by a governmental agency, who:
- is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); This includes state and public college/university police officers.
- is authorized by the agency to carry a firearm;
- is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
- meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
- is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
- is not prohibited by Federal law from receiving a firearm.
Additionally, 18 USC § 926B requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.
On-duty status determines LEOSA-eligibility.
Thus, as long as the person meets the definition of “qualified law enforcement officer” in an on-duty capacity, whether an officer is a full-time, part-time, auxiliary, or reserve peace officer is not relevant in determining whether a person is a “qualified law enforcement officer” under LEOSA. LEOSA’s definition of “qualified law enforcement officer” does not include a requirement that a person have law enforcement authority off-duty.
SPOUSE COVERAGE FOR LAW ENFORCEMENT SPOUSES ONLY:
Although the HR-218 plan marketed outside of New York allows for limited civilian coverage for non-law enforcement spouses for home invasions it does not mean that the same coverage is extended under this contract. Because of state restrictions CCW safe shall not cover non-law enforcement spouses and this agreement shall supersede any researched benefits or coverage. CCW safe will only cover a spouse who additionally holds the designation as an active or retired New York state law enforcement officer can have coverage by purchasing the “spouse add-on” through the Customer Service Manager ONLY; or have limited coverage for a home invasion if the primary member chooses not to purchase the add-on. No spouses can be added otherwise to these special plans.
CHILDREN COVERAGE RESTRICTIONS:
Although the general HR218 plan marketed outside of the state of New York allows for limited coverage for children spouse who additionally holds the designation as an active or retired New York state law enforcement officer can have coverage by purchasing the “spouse add-on” through the Customer Service Manager ONLY; or have limited coverage for a home invasion if the primary member chooses not to purchase the add-on. No children can be added or covered under these special plans.
EXTREME RISK PROTECTION ORDER COVERAGE (“Red Flag Law” Coverage):
All New York law enforcement plans and those choosing the HR218 Plan will be covered for administrative actions against them following a self-defense use of force; to include Extreme Risk Protective Orders (“Red Flag Laws”) complaints/hearings following said use of force. The same plans permit plans contain a “Special Benefit” covering up to $5,000 of contracted attorney fees for proceedings associated with the Extreme Risk Protection Order outside of a use of force:
All other LE plans (NYSAFE, 10-13, LBA, RSA, HR218 and other LE plans) cover up to $5,000 for the same. CCW Safe will provide services and a contracted Attorney to represent the Primary Member and Spouse (if applicable) who are members if they are found to be the subject of an Extreme Risk Protection Order. This will include all legal proceedings or hearings. CCW Safe will pay the legal fees of the Contracted Attorney up to the maximum amount of $5,000 per covered member.
Any costs or fees exceeding the maximum amount shall be paid by the covered member. This Special Benefit shall not cover any Use of Force used to prevent any court appointed agent(s) or law enforcement officer from confiscating any weapon required to be turned over in compliance with a legally issued Extreme Risk Protection Order (see other restrictions below under “Restrictions, Limitations, Notices and Exclusions”).
Firearm Replacement/Reimbursement: Following a “Recognized Self-defense Use of Force Incident” a Member may make a request to CCW Safe in writing for reimbursement of the cost of replacing the firearm used in the self-defense incident under the following circumstances:
The firearm used in the self-defense incident legally belonged to the member and the firearm used in the Self-defense incident was taken into evidence following the self-defense incident; and is currently being held by law enforcement pending further action. The Member was not arrested and is not under any type of court condition, bond or administratively imposed restriction that prohibits possession, purchase or ownership of a similar firearm; or suspends or revokes the Member’s concealed carry permit. The Member certifies that the Member’s concealed carry permit is in good standing and in full force and effect; and the Member certifies that he/she is not currently pending administrative action against his/her carry permit. The Member’s attorney certifies in writing to CCW Safe that notwithstanding the ongoing police investigation of the self-defense incident, the Member may legally own, purchase and possess a firearm under state and federal law; and the Member’s firearm seized by law enforcement is not subject to return within a reasonable time. Upon receipt of the above requested information, CCW Safe will authorize reimbursement to the Member for the purchase of a comparable firearm and the payment to be reimbursed (not to exceed the purchase price of the original firearm or $500.00 whichever is less). Prior to receiving reimbursement, the member must submit proof of purchase of the replacement firearm and proof of purchase of the seized firearm (or a statement reflecting make, model and fair market value of the seized firearm). CCW Safe’s firearm replacement benefit is limited to firearm replacement reimbursement. In no circumstances will CCW Safe purchase for a Member or participate in any firearm transfer. All incidents and reimbursements shall be reviewed by the Claims Committee on a case-by-case basis to authorize any exceptions to this policy.
Restrictions,Limitations, Notices and Exclusions:
CRIMINAL ACTS: CCW Safe will not provide the services if the use of force incident is an intentional criminal act (i.e. robbery) or where there is no admissible evidence of self-defense. Will not provide the services for a firearms response, if in a place where it is a misdemeanor or felony to possess a firearm or prohibited by the property owner (although all other legal weapons shall be covered). Please see exception to “Gun Free Zone” incident in FAQs.
ACCIDENTAL DISCHARGE: CCW Safe will not provide the services if the incident is unintentional and considered an “Accidental Discharge”. This includes the unintentional use of any other legal weapon or force.
SUBSTANCES THAT ALTER JUDGMENT: CCW Safe will not provide the services if, at the time of a use of force incident, you are impaired in public or private property not of your own, by the use of alcohol, or controlled substances, or prescribed medication that alters judgment, or in any location you are in violation of state law or regulation concerning alcohol and drug use while in the possession of a firearm. This restriction is specific to any public place or private property not of your own.
DOMESTIC RELATIONSHIPS: CCW Safe will not provide the services for any domestic violence incident, criminal investigation or prosecution arising from a use of force incident involving you and a current or former member of the household, including, but not limited to, a spouse, former spouse, adult or minor child, or involving those in a current or former dating relationship as defined in applicable state law.
INVALID PERMITS AND DISQUALIFICATION: CCW Safe will not provide the services if you no longer hold a valid concealed weapons permit, fail to qualify through LEOSA for law enforcement officers, fail to provide and maintain accurate and truthful information on any CCW Safe application, become subject to a condition which would preclude or disqualify you from holding a valid concealed weapons permit, or are otherwise no longer in good standing with CCW Safe.
EXTREME RISK PROTECTION ORDER: This order is also called “Red Flag Law” covered through a special benefit under the permit plans (Ultimate, Defender, Protector, HR218 and other LE plans). CCW Safe will not provide the services if a member chooses to use force against the agent commissioned by the legal court order or judge to confiscate weapons; this would be an illegal act. CCW Safe will not provide services on any “Extreme Risk Protection Order” that was in place prior to joining as a member, prior to the special benefit initiation date for the CCW plans, one that does not follow a Recognized Self-Defense Use of Force Incident or in place prior to January 12, 2021. CCW Safe will not provide services to existing Extreme Risk Protection Order or any legal requirements that arise from an existing order, including but not limited to Use of weapon incident, Any other use of force, Appeals, Extensions, Terminations, Written challenges, Renewals or any of Hearings stemming from an existing Extreme Risk Protection Order. CCW Safe will not provide services for any orders that are not considered “Extreme Risk Protection Orders” to include any other forms of court issued personal protection orders restraining any other activities, including but not limited to Victim Protective Orders, personal restraining orders relating to harassment, stalking or domestic disputes.
Vicious Animal Attacks: CCW Safe covers members defending their own life or another human life by a vicious animal actively attacking the same. The protection of animals is outside of coverage.
RESTRICTED STATES/MEMBER COVERAGE AND PURCHASE PLANS:
Under circumstances beyond our control, CCW Safe has ceased or adjusted in three states (New Jersey, Washington and New York) due to changes in law, legislation, Insurance regulations or Governor sanctioned emergency orders. These restrictions apply to new and existing members and includes all plans that fall under New York Law Enforcement plans, and limited restrictions on LEOSA/HR218 certified officers (see information below).
New Jersey state residents:
No incidents will be covered for any member within the state of New Jersey even if you are a resident of another state traveling through that state. Memberships are not available to be sold in the state of New Jersey.
We cannot and will not offer any exceptions although the governor recently authorized law enforcement officers to be covered. CCW Safe has not been released or no authorized to begin (due to pending emergency and cease & desist orders by the office of insurance and governor in that state). HR218 coverage is not available until the legal challenge and above-mentioned orders are lifted.
Washington state residents:
As of January 1, 2021, NO incidents of self-defense with any weapon shall be covered for CCW Safe members traveling through the state of Washington. As part of the legal agreement and cease & desist order no new membership plans or renewals of existing plans will be processed (starting January 1. 2021).
Those members paying monthly shall no longer be able to renew their payments for monthly service. Members paying annually shall be covered up to their renewal date but not allowed to renew services (starting January 1, 2021).
No incidents shall be covered by non-residents from states that have reciprocity with the state of Washington traveling through that state. HR218 coverage is not available until the legal challenge and above-mentioned orders are lifted.
New York state Residents:
No incidents will be covered for any member within the state of New York or for members traveling through the state with the below exceptions. Membership plans are not available to be sold to civilian residents of New York state. Our only exception is those that fall under federal guidelines of (HR218) “Law Enforcement Officers Safety Act” that allows police officers to carry nationally under federal authority and those New York law enforcement officers. We will only cover law enforcement for their off-duty incidents (similar to the same coverage by state police unions and the National FOP). This coverage shall not extend to the spouses or children, so there will be no home coverage for the family in the state of New York unless the spouse is a active or retired LE also under LEOSA.
The special association plans and union plans for those that are active and retired officers in that state of New York shall continue to be sold and covered (to include HR218, 10-13, LBA, RSA and NYLE, etc.). Those non-residents actively certified through LEOSA/HR218 that are traveling through the state of New York shall be covered where it is legal to carry. None of these plans shall cover spouses that have permits or spouses that do not fall under HR218/LEOSA.
OUTSIDE SCOPE OF COVERAGE: CCW Safe will not provide the services for any incident or event that is not a “Recognized Self-Defense Use of Force Incident” which includes but not limited to, an Arrest or Administrative action that does not follow a Self-Defense Incident, TSA Security Violation with a weapon, Entering a property where it is a misdemeanor or felony to possess a firearm, use of a stolen or criminally altered firearm, and any incident before becoming a member of CCW Safe or proceedings that follows such incident that occurs prior to joining as a member. No funding, legal or company resources shall be provided for any incident outside the scope of coverage.
OUTSIDE OF COVERAGE AREA: CCW Safe will not provide the services in US territories or in the states of Washington or New Jersey.
COVERAGE FOR ON-DUTY INCIDENTS EXCLUSION: CCW Safe will not provide the services for any on-duty incidents or extra-duty security incidents to include, but not limited to, police officers, private investigators, correction officers, security guards, security forces, church security teams, bond agents, private investigators or military personnel, whether paid or volunteer. On-duty coverage shall be covered by the employing agency, business or the organization for whom the individual is working or volunteering. This includes all those hired to protect a location, individual or group, personal property and any other similar services. CCW Safe does not take the place of the employer or organization, who has a duty to defend the actions of its employee/agent officer. If a use of force incident is found to be outside the course and scope of employment, then CCW Safe would perform a coverage analysis to determine what coverage, if any, applies. CCW Safe will not provide the services for a Covered Member in violation of any restriction written in a plan description.
Provisional Membership Terms:
There are no “Provisional terms” for the New York law enforcement plans.
Insurance Products and/or Other Legal Service Memberships:
If a Covered Member has an insurance product, or legal services membership plan, CCW Safe, upon notification by the Covered Member, will respond and begin services. If the Covered Member has any plans, policies, or memberships that offer any financial assistance toward their defense, CCW Safe will work with the Covered Member to obtain any applicable financial assistance in connection with their defense. If there are conflicting terms between these the terms herein and other policies or other membership plans, CCW Safe will attempt to negotiate resolution of such conflict in the best interest of the member. In the event of a Recognized Self-Defense Use of Force Incident, CCW Safe will work with the Covered Member to determine any and all polices of coverage or membership plans that may be utilized for the Covered Member’s benefit. Covered Member agrees to transfer any subrogation rights or interests from any employer, agent, agency, or policy to CCW Safe.
Upon any dispute, claim, or controversy, of any kind, arising out of these Terms of Service, Covered Member acknowledges and agrees that any such dispute will first be submitted for resolution through mediation. If mediation is unsuccessful, however, the dispute, claim, or controversy shall be resolved through binding arbitration to occur in Oklahoma City, Oklahoma and administered according to the Commercial Arbitration Rules of the American Arbitration Association and applying the laws of the State of Oklahoma.
Covered Member agrees to receive any notice related to these Terms of Service by electronic mail. Covered Member agrees that any notice related to these Terms of Service shall be valid upon transmission of the notice by CCW Safe to Covered Member by electronic mail. Covered Member agrees to maintain a current email address with CCW Safe for purposes of receiving notifications.
Rights Reserved to Increase Rates:
CCW Safe reserves the right to increase membership rates for recurring memberships, however, you are guaranteed that your rate will not increase during the year of that membership. Upon written notice by Covered Member to CCW Safe, CCW Safe can refund the membership in full in the first 30-days. After 30-days, and upon written notice by Covered Member to CCW Safe, the membership will be refunded at a prorated rate of the unused portion of the membership.
False Reports & Abuse of Emergency Line:
CCW Safe provides its Covered Members access to a 24-hour hotline number. CCW Safe will charge $75 for false reports, “test” calls, and other abuses of the 24-hour hotline number. The 24-hour member hotline number is forwarded to multiple people, including multiple attorneys, investigators and administrative personnel. Abuses to the 24-hour member hotline can result in suspension of service.
Entire Agreement, Non-Assignment, and Severability:
These Terms of Service are the final expression of the entire agreement between CCW Safe and the Covered Member and supersede any and all prior agreements and understandings. These Terms of Service are divisible and separable. If any of the Terms of Service are found to be or becomes invalid, illegal, or unenforceable, such term or terms shall be reformed to approximate as nearly possible the intent of the CCW Safe and Covered Member, and the remainder of the terms shall not be affected thereby and shall remain valid and enforceable to the greatest extent permitted by law. Covered Member shall not assign or delegate any or all of its rights or obligations arising from these Terms of Service without written consent from CCW Safe and any such attempt of assignment or delegation shall be null and void.
Covered Member acknowledges that this Agreement creates certain legal rights and obligations between the CCW Safe and Covered Member and acknowledges that Covered Member has had the opportunity to consult with legal counsel as Covered Member deems appropriate, and that Covered Member understands the terms of this Agreement.
- “Accidental Discharge” means the firing of a firearm at a time when the “Covered Member” does not intend to fire.
- “Automobile” means any land vehicle, trailer or semi-trailer designed for travel (including any machinery or apparatus attached thereto).
- “Covered Member” means a member is in good standing with CCW Safe at the time of the “Recognized Self- Defense Use of Force Incident” and whose requisite information has been included in the reporting you are required to provide the Company in accordance with this policy.
- “Damages” means the total sum which the Covered Member becomes legally obligated to pay as damages, whether by reason of adjudication or settlement, because of “bodily injury” or “property damage” covered by this policy but not covered by any other valid and collectible insurance and shall not include expenses incurred by The Company in the investigation, negotiation, settlement, and defense of any claim or suit seeking such damages.
- “Extreme Risk Protection Order” (Red Flag Law) means any law or regulation that permits a third-party to petition a court for an order or similar legal process, seeking the temporary removal of a Legal Weapon from the possession of a person who may present a danger to others or themselves. An Extreme Risk Protection Order does not include any other forms of court issued personal protection orders restraining any other activities, including but not limited to personal restraining orders relating to harassment, stalking or domestic disputes.
- “Firearm” means a weapon, other than a fully automatic weapon, from which a projectile is discharged by gunpowder or by pressure of compressed air.
- “Legally possessed firearm” means a “firearm” possessed by the Covered Member in accordance with any applicable local, state, federal, or provincial laws of the state or jurisdiction within which the “bodily injury” or “property damage” occurs.
- “LEOSA –HR218” means Law Enforcement Officer’s Safety Act.
- “Member’s Permit” means the Covered Member’s valid concealed carry permit(s) or license(s).
- “Occurrence” means a Recognized Self-Defense Use of Force Incident.
- “Policy Period” means a twelve (12) month period that begins with the coverage inception date for a Covered Member and continues for each twelve (12) month period thereafter.
- “Policy Territory” means the United States of America, and all recognized states (does not include NJ, WA, US territories and possessions, US Virgin Islands, or Puerto Rico).
- “Property Damage” means physical injury to or destruction of tangible property during the Policy Period, including loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it.
- A “Recognized Self-Defense Use of Force Incident” is an incident where force is used pursuant to a reasonable belief that use of deadly force is necessary to protect from imminent danger of death or great bodily harm. This includes any necessary force with all legal weapons and physical force to defend against a life-threatening attack in self-defense.
- “Residence Premises” means the one family dwelling or unit which is or will be the permanent or principal residence of the Covered Member for the majority of the year.
- “Resident Family Member” or “Spouse” means spouse, legal partner that is a active or retired New York state law enforcement officer under LEOSA definition.
Purchase and Assent to Terms of Service:
By clicking below, Covered Member acknowledges that they have read, analyzed, understand, and agree to be bound by each and every term of these Terms of Service. By clicking below, Covered Member further acknowledges that they are unaware of any grounds or circumstances which would preclude their eligibility for CCW Safe membership. This membership is annual, and in effect for one year from the date your application is approved by CCW Safe. At the end of the year, your membership will automatically renew for continued service. Please include your state of residence and your concealed carry license number in the order notes at checkout. All verifications (ID or associated record copies) of military or law enforcement active or retired shall be forwarded to email@example.com to be filed and only updated if there is a status change.
Cancellation: COVERAGE FOR THE ABOVE NAMED COVERED MEMBER UNDER ANY OF THE ABOVE DESCRIBED POLICIES WILL AUTOMATICALLY TERMINATE UPON CANCELLATION OR NON-RENEWAL OF THE COVERED MEMBER’S MEMBERSHIP WITH CCW SAFE OR, THE FAILURE TO MAINTAIN SUCH MEMBERSHIP IN GOOD STANDING.
To start the membership process and express your acceptance to these Terms of Service, please go to membership page and choose plan.