Funding the Uninsured Gun Pool

A plan for No-Fault insurance for guns must take into account the fact that many of the shootings are likely to be in situations where the gun cannot be traced. Even if a large portion of the guns in existence are brought into the system, there will be many claims where no specific insurer is available to pay. In NY the Motor Vehicle Accident Indemnification Corporation (MVAIC) and in Michigan the Michigan Assigned Claims Plan (MACP) are available if there is no other insurer. The large costs in Michigan where there is unlimited coverage for medical expenses have generated a lot of political backlash. The Michigan Catastrophic Claims Association pays claims over $500,000 and assesses insurance companies $175 (2012) per vehicle. Funding works by having insurers pay on the basis of either a percentage of premiums collected or a fixed amount per vehicle. A system for guns could work in the same way.

Approximately half of the medical costs are now covered by Medicare or Medicaid. If gun insurance is the primary insurance only for identified guns and the Uninsured Pool is secondary to all other insurance the funds needed would be greatly reduced. Unidentified or uninsured guns do not contribute to the incentive for insurers to have loss reduction conditions or programs in any case, so making gun insurance secondary should not undercut the safety benefits of having insurance. It would also give states an incentive to identify the guns involved in injuries to save on Medicaid expenses.

It might also be desirable to have the Uninsured Gun Pool pay claims for incidents that occur after some fixed time has elapsed for guns that are reported lost or stolen. If the time is fairly long the cost would not be too great and would give an incentive for reporting losses in a timely manner. It would make things more predictable for insurers and may help establish a robust market for gun insurance.

 

Costs put on gun owners are not Poll Taxes

When a proposal for requiring insurance for guns is put into a blog discussion, many of the strong pro-gun advocates reacting to the post base their objection on rights as they assume they have them from the second amendment to the US Constitution. These assumptions can be very broad. And I see statements such as “what other rights do you have to pay for?” and “paying for gun insurance is like a Poll Tax.”

Well, I see us paying taxes on the means necessary to exercise a right all the time. Look at your phone bill, it’s full of taxes on a means to communicate. You have a right to travel, but pay taxes on cars and on air and rail tickets.

Poll taxes are really obnoxious, especially the way they were historically used, but they were not found to be unconstitutional until a specific amendment (The 24th Amendment to the US Constitution) was adopted. There is no similar amendment for gun rights. It’s interesting that rather heavy taxes for automatic weapons have never been found to be unconstitutional.

District of Columbia v. Heller is a very narrow decision in itself. It only overturns an extremely restrictive law that totally prohibits gun ownership. Later the court extended it to state laws in another case, McDonald v. Chicago. Since then lots of restrictions on gun use and ownership have been upheld by state courts. Whether the Supreme Court will strike a broader range of gun restrictions in the future is unknown. While lots has been written by legal scholars about the subject, the future path of this law will probably be determined by political considerations. Heller was supported by 5 justices with a strong dissent by 4 justices. It’s possible that it could be rolled back to the old view that any right to bear arms did not apply to individuals or it’s possible that it could be broadened.

As far as insurance is concerned, the system supported by this blog only requires regulations applied to the manufacturer of guns. Any requirement that the insurance be transferred to the subsequent owner, as would be needed to let the manufacturer’s insurer relinquish responsibility, would be a private contract.

50 Guns cross the line to illegal hands

On Jan 26, 2013 according to the Pennsylvania State Police 50 guns were stolen from the Taylor and Robbins Gun shop which had been closed for about six years but still had old stock on the location. Two burglers broke in and escaped in a vehicle.

Nearly all of the guns that are in illegal hands or used in crimes in the United States started out as legal guns and by some means passed out of the control of their legal owners. Many of these are due to purchases by straw buyers acting for an inelegible person but many others are due to loss or theft. If an insurance company was still responsible for these guns, it’s very unlikely that they would remain for six years in such a vulnerable situation.

We’re not taking guns seriously in this country, insurance is a big step to becoming responsible.

Article: Gun used to kill N.Y. cop came from Virginia

An article, “Gun used to kill N.Y. cop came from Virginia” published 1-26-13 in the Virginian-Pilot illustrates the kind of gun leakage from legal to illegal hands that insurance could discourage. Colleen Long writes that a robbery in 2011 resulted in the death of a New York City police officer, who was shot in the head. As our system for tracing guns that turn up in crimes relies on records kept by federal licensed dealers, the 9mm semi-automatic Ruger pistol was found to be sold legally in 1999 by a dealer in Colonial Heights, Va.

The buyer of the gun in that legal transaction said that the gun was in possessions he had packed but had ended up abandoning, when he was evicted from an apartment. The story linked above is interesting with more details.

One obvious question is, do we believe the story about the loss of the gun? A Ruger 9mm is not an especially valuable gun. According to firearmspriceguide.com a used one is worth about $200 to $400 depending on condition. A person being evicted may very well abandon a lot of stuff, so it could be true. But the gun did drop into illegal hands and end up in New York. If an insurance company had responsibility for for that gun that continued after it was lost, that insurer would have a strong incentive to require the owner to keep control of the gun. The value of the gun itself was not sufficient motive.

The laws of the State of New York couldn’t stop the gun from being illegally brought from Virginia. The laws of Virginia don’t insure that owner keep track of guns in a way that prevents their loss, illegal sale or abandonment. An insurance company on the hook would, no doubt, require the owner to periodically demonstrate that the gun was still under control. There would be some financial committment on the part of the owner, sufficient to convince the insurer that the gun would stay in legal hands.

This story is special because the victim was a police officer, which provided the motivation for tracing the gun and for the paper writing about it. Thousand of other killings with illegal guns are similar in many ways. As the article says 85% of the illegal guns in New York come from out of state.

Article: “Medical bills can mount for shooting victims”

There is a nice article “Even with health insurance, medical bills can mount for shooting victims,” on InsuranceQuotes.com by Lisa Shidler. It talks about the $2.4 million for treating the people wounded in the Gabrielle Giffords incident and a number of other subjects. Actually, after negotiations with insurance companies the amount to be paid will be reduced to an estimated $565,000 or $43,462 for each of the 13 wounded persons.

The article links to the Pacific Institute for Research and Evaluation which has a table of costs for gun violence which gives a lot of interesting figures. Of interest to this blog is the average medical cost $49,947 for the medical expenses of each hospital admitted non-fatally injured person. Costs are much lower, $1,146, for persons treated in the ER only. It also gives total medical costs for firearm injuries at $2.88 Billion for 2010 of which almost exactly one half is paid by Medicare or Medicaid. To put it into scale, the total medical costs for firearm injuries is about $10.00 per year for each of the 270 million guns in private hands in the US.

Loss of worktime, which is covered by Personal Injury Protection for motor vehicles in most no-fault states, is about twice as much as the direct medical costs.

Insurance coverage for firearms victims is important in order to insure that the care is actually delivered. These figures show that the overall costs need not be a big burden to gun owners.

Cars and Guns

There are many similarities between motor vehicles and guns, because they both have a built in danger but are present in our society. There are also important differences in the way they are used and the situation surrounding that use. The specific top down, no-fault system of insurance being analyzed in this blog is intended to deal with these differences.

1. The vast majority of car deaths and injuries are accidents; intentional injury with a car is rare. The majority of shootings are intentional whether or not they constitute crimes.

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Insurance Companies and Guns: What Would It Be Like?

Many people who can see the need to protect persons injured by guns and can see the parallels for responsibility to motor vehicles have a problem with involving insurance companies.  Writing recently in a diary about possible system for requiring insurance on guns, one of the most common concerns was a distrust or even hatred of insurers.  This is understandable because insurance companies often deny claims or access to insurance; and denial is likely to be harmful and very upsetting to the person denied.  In so many areas, insurance coverage is required in one way or another and is a barrier to people getting on with their lives.  Nevertheless, insurance is necessary and it matters greatly how it is implemented.

So the question is how would the insurance experience for gun owners work out?

The system I am envisioning in my writing requires insurance to be purchased by manufacturers or importers in such a way that, to relieve an insurer of responsibility, each successive owner must take over or provide new insurance.  If the gun is lost, stolen or diverted the responsibility stays with the current insurer.  This is critical because the primary danger lawful owners make to the public is they may lose control of a gun.  An important advantage of this system is that the government only has to regulate or even know about manufacturers, importers and insurers.  There is no need to register privately owned guns for this to work.

The legislation needed to mandate insurance would prescribe the types of incidents that would be covered and the requirements for payment.  It is very important that it be a no-fault system for two reasons, the situation in many shootings is so unclear that, even if it’s obvious there must be some kind of fault, proving it can be very difficult and protecting the privacy of gun owners is very important.  This gives insurers much less room is denying claims than in other kinds of insurance.  No-fault insurance for automobiles works well in many states, but the comparison of cars to guns is to the Personal Injury Protection (PIP) coverage that’s part of many state systems as it applies to pedestrians, who often don’t have their own insurance.  For examples, see Florida and New York.

For the purchasers of gun insurance, it’s likely that there would be substantial competition about rates.  Gun selling businesses would work hard to make good and economical carriers available to their customers.  Because the rates would probably vary significantly for customers in different situations, with different styles of storage and use and for different types of firearms, the insurers would be competing on convenience and privacy as well as price.

The big costs for automobile liability insurance claims are injuries and property damage rather than fatalities.  Because guns are involved in only about 2.5% as many injuries as motor vehicles, the average cost would be low.  Very generous benefits would have an average annual cost to insurers of less than $40 per gun.  Limits similar to a less generous plan such as Florida’s PIP would be less than one quarter of that.  These are averages; and particular situations would have higher or lower costs.  In particular, guns that have been in the possession of owners for substantial periods have a much smaller chance of turning up in shootings later.

Article on this blog crossposted to Daily Kos

I posted the last article “How to Seriously Approach Gun Insurance That Protects Everyone” on this blog to Daily Kos.  I’ve been getting quite a few comments.  Half or so are positive and the rest are very interesting.  The three things I need to study so far from the problems pointed out are:  It’s hard to explain the point of my approach so a quick reader working from scratch will get it, a lot of people think it won’t slow down the rate of injuries and deaths and a lot of people think insurance companies are just a rip off.  The last two problems are strongly affected by the way the system is implemented and I need to give that a lot of thought.  Good to get informative feedback.  Not much general negative feed back but some think that guns shouldn’t be touched at all.

How To Seriously Approach Gun Insurance That Protects Everyone

There are lots of posts, comments, OpEds and media articles about requiring liability insurance for guns since Newtown.  In fact, you can find a dozen (or many more) less than 24 hours old by searching “gun insurance” on your favorite search engine.  They tend to fall into three categories—advocating that we have it, denouncing it as an assault on gun rights or regretfully explaining the impossibility of making it work.  All of these categories are based on conventional liability insurance mandated in various amounts up to about $1 Million.  The purpose of the insurance advocates often seems to be to punish gun owners for the danger they give to society and is seen as a back handed way to ban guns by the gun advocates.  I think insurance, if differently structured, can be a way to deal with the deaths and injuries associated with guns without unduly burdening people who want to own and use guns.

 There are two major goals that are served by a good system of insurance here, first to provide compensation for persons injured and, secondly, to allow the costs of gun violence to fall on those who can do something about it.  In addition to the deaths, approximately 75,000 persons per year are non-fatally injured by guns according to the CDC.  Continue reading

Stray Guns and Stray Animals–Strict Liability

No-Fault Insurance is quite similar to the legal doctrine of strict liability.  When strict liability applies it is not necessary for the injured person to prove negligence or fault to hold a person responsible for damage from a certain cause.  It is often applied in Product Liability cases where it usually holds if the injured person can prove the product is defective, the product proximately caused the injury and the product was unreasonably dangerous.  After years of attempts to apply this to gun manufacturers where it generally did not apply because product was not found to be defective, Congress passed a law (Public Law 109-92), which among other Continue reading