Insuring the Unthinkable

New Appleman on Ins.: Current Critical Issues in Ins. L. 1 (Spring 2018)

13 Pages Posted: 18 Jun 2019

See all articles by George A. Mocsary

George A. Mocsary

University of Wyoming College of Law

Date Written: 2018


Recent mass shootings have led to public and private responses implicating insurance. The public response consisted of calls to require firearm owners to purchase liability insurance, and has been discussed at length elsewhere. This article examines the private response: the steady proliferation of “active shooter insurance,” more recently called “active assailant insurance.” (collectively, AS/AA insurance). Although these policies cover the for-profit businesses, nonprofit institutions, and even municipalities that purchase them, rather than shooting victims or others impacted by a tragic event, benefits would flow through to these individuals if a covered event occurs.

This article assays AS/AA insurance along several dimensions. Part II considers factors impacting the effectiveness of the insurance in compensating insureds for losses stemming from AS/AA incidents. Part III reviews the ways in which AS/AA insurers can provide loss prevention services, enable insureds to prevent or mitigate losses, and efficiently manage claims and resulting litigation. Part IV concludes.

Keywords: insurance, active shooter, active assailant, firearm, mass shooting, mass shooter, firearm, firearms, gun, guns, risk, insurers, adverse selection, incentives, loss prevention, service efficiencies, underwriting

Suggested Citation

Mocsary, George A., Insuring the Unthinkable (2018). New Appleman on Ins.: Current Critical Issues in Ins. L. 1 (Spring 2018). Available at SSRN:

George A. Mocsary (Contact Author)

University of Wyoming College of Law ( email )

P.O. Box 3035
Laramie, WY 82071
United States

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