(INSURANCE JOURNAL) – As the calendar flips to 2023, among the scores of new laws taking effect are a pair of legislative mandates that would, for the first time anywhere in the country, require firearms owners to obtain and maintain liability insurance. What remains to be seen, however, is whether either measure will survive Second Amendment challenges, particularly given the standard handed by the U.S. Supreme Court in its June 2022 New York State Rifle & Pistol Association Inc. v. Bruen decision.
There are good reasons for skepticism in both cases, although one of the two—a municipal ordinance passed in San José, California in January 2022—has already cleared its first court challenge. The other mandate—an arguably more carelessly drafted statewide bill signed by New Jersey Gov. Phil Murphy just before Christmas—may raise insurance-law questions pertaining to coverage for intentional and criminal acts, even before it is subject to Second Amendment analysis.