NY TAC DEFENSE CLIENT AGREEMENT
These Client Retainer Agreement Terms and the Client Application together with Exhibit “A” constitute the agreement between you and Tilem & Associates, PC (collectively the “Client Retainer Agreement”).
Client Application and Payment:
An applicant who completes a Client Application, meets all of the requirements for Client, agrees to the Client Retainer Agreement Terms and pays the Client retainer as directed, shall be enrolled as a client of Tilem & Associates, PC (hereinafter “the law firm”) in the NY TAC DEFENSE PROGRAM (as contractually defined in this Agreement), and such applicant shall be considered a client.
Client Eligibility for the NY TAC DEFENSE PROGRAM:
Individuals must be 18 years of age or older to join the NY TAC DEFENSE PROGRAM.
Client shall receive all the benefits as outlined in this program agreement and Exhibit “A” which is annexed to this agreement and posted on the Tilem & Associates website. Client shall become an enrolled client in the Tilem & Associates, PC, NY TAC Defense program at midnight on the day following the date that the Client Application and payment is received and accepted by Tilem & Associates. The NY TAC DEFENSE PROGRAM plan benefits are summarized on the website and other places, but are more particularly described and set forth in the NY TAC DEFENSE PROGRAM Terms and Conditions (attached as Exhibit A), which are the actual terms and cannot be changed or modified unless in a written document signed by a representative of the law firm or published on the firm website.
The term of the NY TAC DEFENSE PROGRAM Client Agreement is one (1) year from the date the Client Application is accepted by the law firm provided that all legal fees are paid as set forth in the Client Agreement. Enrollment in the NY TAC DEFENSE PROGRAM shall automatically renew at the expiration of the one (1) year term for successive one (1) year terms, provided that all legal fees are paid as set forth in the Agreement.
By submitting the Client Application, the client hereby authorizes the law firm (including any party acting on its behalf as a payment processor or client servicing organization) to debit client’s account (if using a debit card) or charge client’s credit card (if using a credit card) for the legal fees, as set forth on the Client Application. Because the enrollment in the NY TAC DEFENSE PROGRAM will automatically renew, client hereby authorizes the law firm (or its payment processor/servicing organization) to debit client’s account (if using a debit card) or charge client’s credit card (if using a credit card) the amount due for his/her legal fees as set forth in the Client Application one (1) year from the date the Client Application is submitted and accepted, and each successive year thereafter, in the amount then set by the law firm as the legal fee as set forth for enrollment in the NY TAC DEFENSE PROGRAM.
Client can cancel his/her enrollment at any time by calling the law firm at (877) 377-8666 or by emailing a written request to email@example.com. If the legal fees increase between renewals, the law firm shall send client a written notification at least thirty (30) days prior to such renewal by email to the email address on file with the law firm. If a client does not wish to renew, the Client can cancel at any time as set forth above. If the law firm attempts to debit client’s account (if using a debit card) or charge client’s credit card (if using a credit card), and the debit or charge is rejected, law firm shall notify client, and if payment is not made immediately, the law firm shall treat such event as a cancellation, and shall cancel Client’s enrollment in the NY TAC DEFENSE PROGRAM. It is the client’s sole responsibility to notify the law firm of any change in address, phone number, email, or payment method information. You may do so by calling (877) 377-8666. If client renews, the terms and conditions in the Client Retainer Agreement shall also renew and shall govern the relationship between Client and the law firm.
Refundability of Monthly or Annual Retainer Payments:
Annually: If client enrolls in the NY TAC Defense Program and chooses to pay on a discounted annual basis, the client will be charged the amount described on the website (www.nytacdefense.com) for the level of pre-paid plan chosen, annually. The fee will be deemed fully earned at the end of each 12 month period.
Monthly: If client enrolls in the NY TAC Defense Program and chooses to pay on a monthly basis, the client will be charged the amount described on the website (www.nytacdefense.com) for the level of pre-paid plan chosen, monthly. In the case of monthly enrollment, the monthly fee paid will be deemed earned at the end of each 30 day period.
Refunds: Enrollment in the NY TAC Defense Program may be cancelled at any time. Upon cancellation, any unused portion of the retainer payments already paid will be refunded. Client will be charged a minimum monthly fee at the rate of the monthly cost of the plan enrolled in per month for each month client is enrolled in the NY TAC Defense Program. For example, a client enrolled in the platinum plan will be charged the monthly rate for a platinum plan (the annual discount will not be applied) at the time of cancellation If a client cancels his/her enrollment during any 30 day period they shall be entitled to their pro-rata share of the monthly rate for the last month paid. For example, if a client were to cancel their enrollment on the 15th day of a 30 day period they would be entitled to half of the monthly rate back. In the case of clients who choose the discounted annual retainer payments, their minimum monthly fee shall also be at the monthly rate and at the conclusion of 10 months of enrollment their fee shall be deemed fully earned (although they will still receive the benefits of enrollment for the next two months). If, for example, client wished to cancel their enrollment at the end of 3 and ½ months, then client shall be entitled to a refund calculated as follows three months ($38.50 x 3) + half a month $19.25 = $134.75 will be deducted from the $385 paid and $250.25 will be refunded.
As a general principle, non-refundable retainers are not permitted under New York Law. This agreement, and the above described refund policy, is specifically designed to comply with New York Law.
Basis For and Interpretation of the NY TAC DEFENSE PROGRAM Client Retainer Agreement:
Enrollment in the NY TAC DEFENSE PROGRAM is subject to the terms, conditions and exclusions of the actual NY TAC DEFENSE PROGRAM Terms and Conditions set forth in Exhibit “A”. Client acknowledges that the NY TAC DEFENSE PROGRAM is not an insurance product but rather is a pre-paid legal service. The Enrollment Terms and Conditions may be changed at any time at the absolute discretion of the law firm, and the law firm’s only obligation is to provide the client, only, with notice of any such changes. Informational statements on the law firm’s website or made by law firm representatives regarding the NY TAC DEFENSE PROGRAM, benefits and other content are for general description and informational purposes only, do not constitute professional advice of any kind, are not warranted as to their accuracy and cannot change or alter the actual NY TAC DEFENSE PROGRAM Terms and Conditions set forth on Exhibit “A”. The law firm does not make any general or prospective representations that the NY TAC DEFENSE PROGRAM benefits do or do not apply for any particular incident, or type of incident, under NY TAC DEFENSE PROGRAM. Whether you will be entitled to representation for any particular incident under NY TAC DEFENSE PROGRAM depends on the facts and circumstances involved in the incident and all applicable NY TAC DEFENSE PROGRAM terms and conditions. Statements from representatives of the law firm and on the law firm website, blog, or any other publication do not amend, modify or supplement the NY TAC DEFENSE PROGRAM Terms and Conditions. Consult the actual NY TAC DEFENSE PROGRAM benefits set forth herein for details regarding terms, conditions, exclusions, and services. In no event shall the law firm be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of the use of the information contained herein or on the law firm’s website, blogs or other publications. This entire agreement is to be interpreted under New York Law. The law firm and client agree that any dispute about the NY TAC DEFENSE PROGRAM shall be adjudicated in the New York State Courts in Westchester County, NY and that under New York law the client may have a right to arbitrate fee disputes, under Part 137 as required by 22 NYCRR 1215.1 and RPC 1.5(b). Any such arbitration shall occur in Westchester County. You can obtain information on filing any such arbitration by emailing a request to firstname.lastname@example.org.
Client agrees that any and all disputes between client and the law firm shall be governed by the laws of the State of New York, and jurisdiction and venue for any such disputes shall be in the State of New York, Supreme Court, Westchester County. Client understands and agree that this covenant and agreement as to governing law, jurisdiction, and venue is an important part of the NY TAC DEFENSE PROGRAM and Client agrees to these provisions in consideration of the client benefits received as a client of the NY TAC DEFENSE PROGRAM.
As noted above, client may cancel at any time. If client cancels their enrollment in the NY TAC DEFENSE PROGRAM the firm will refund to the Client any unearned portion of the legal fees as described above.
The law firm has the right to terminate the Client from the NY TAC DEFENSE PROGRAM if the law firm determines in its sole and absolute discretion that such Client is involved in any type of fraud, bad faith, criminal or malicious intent, or would be harmful to the continued operation and good reputation of the law firm. Such termination may be retroactive in the case of fraud, bad faith, criminal or malicious intent. The law firm will refund the expelled client’s unused portion of their legal fees.
Amendments or Changes to Client Retainer Agreement:
The law firm reserves the right to change the Client Retainer Agreement terms and benefits, including the NY TAC DEFENSE PROGRAM Terms and Conditions, at any time without prior notice to client. The law firm shall post the most recent version of the Client Retainer Agreement terms on its website, and the Client Retainer Agreement terms on the law firm’s website shall constitute the current, binding, and enforceable Client Agreement. Client agrees to be bound by the terms of the then existing Client Agreement posted on the law firm’s website. The law firm will notify client by email of any changes to the Client Retainer agreement if any such change is made during the term of the client’s enrollment and such client may cancel as a result of such change or at any time or for any reason.
NY TAC DEFENSE PROGRAM Terms and Conditions:
Subject to the Client Retainer Agreement above, which these terms and conditions are incorporated into and made a part of, the law firm of Tilem & Associates, PC (“the law firm”) shall provide enrolled clients in the NY TAC DEFENSE PROGRAM with representation in accordance with the terms, conditions, limitations, and exclusions set forth in this agreement. NY TAC DEFENSE PROGRAM legal representation is provided on a claims-made and reported basis. Read this Terms and Conditions Plan in its entirety. Various provisions in these Terms and Conditions restrict representation benefits. Read the entire agreement carefully to determine rights, duties, and what representation is, and is not, provided as an enrolled client in the NY TAC Defense Program hereunder. Throughout this agreement, the words “you” and “your” refer to the client. The words “we”, “us” and “our” refer to the law firm. The word client means any person qualifying as such under Section II – Who Is A Client. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI – Definitions.
SECTION I – NY TAC DEFENSE PROGRAM PRE PAID LEGAL PLAN CLIENT BENEFITS
A. CLIENT LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE
1. Civil Representation
a. We will represent an enrolled client in the NY TAC Defense Program pre-paid legal plan against a legal “claim” if the client is sued as a result of a claim or “suit” for “bodily injury” or “property damage” arising out of:
(1) An “act of self-defense”; or
(2) “Covered legal liability” arising out of a non-client’s use of a stolen:
(i) “Safeguarded firearm”; or
(ii) Firearm from a “secured location”; or
(iii) Firearm from a “secured auto”; or
(iv) Firearm taken from the “personal possession” of the client arising out of a robbery.
(3) The benefit provided in item 1(a)(2) above applies only if the theft of the firearm is promptly reported to the proper authorities upon discovery.
b. We will represent client pursuant to paragraph 1(a). above only if:
(1) The “bodily injury” or “property damage” did not occur before the date and time on which the client’s enrollment in the NY TAC DEFENSE PROGRAM commenced; and
(2) The “bodily injury” or “property damage” is caused by an “occurrence” or arises due to an incident involving a “covered legal liability” that takes place in the “applicable territory”; and
(3) The “bodily injury” or “property damage” did not occur before June 1, 2020 or after the term of this agreement; and
(4) A claim for “damages” because of the “bodily injury” or “property damage” is first made against any client, in accordance with paragraph d. below, during the term of client’s enrollment in NY TAC DEFENSE PROGRAM.
c. We will have the right to assign counsel of our choosing to defend a client against any claim or “suit” seeking “damages” because of “bodily injury” or “property damage” arising out of an “act of self-defense” or “covered legal liability”. We may, at our discretion, investigate any “occurrence” or incident involving a “covered legal liability” and recommend that you settle any claim or “suit” that may result. However, we will not pay any amount for “claim expenses” and “damages” and our role is simply to act as your attorney as if you had retained us to represent you and advise you of the possible defenses, strategies, results, damages, likelihood of success, and our obligation under this agreement to represent you ends:
(1) With the client’s “conviction” of any criminal charge(s) caused by or arising out of:
(i) The client’s use of a firearm or other weapon related to the “occurrence” ` or
(ii) The “covered legal liability” for which representation under the NY TAC DEFENSE PROGRAM are being sought.
2. We have no other obligation or liability to perform acts or services unless explicitly provided for under this agreement.
3. Enrollment in the NY TAC Defense Program does not provide any insurance coverage. We will not indemnify you against any loss, judgment, award, court ordered payment, court costs, or any monetary loss as a result of any such legal “claim” or “suit”. Therefore, if you have insurance that will indemnify you, you must notify the insurance carrier in accordance with your insurance policy and they must defend you and indemnify you. It is in your interest to work with your insurance company to obtain coverage since we do not and cannot insure you or pay any claim on your behalf. In the event that you are covered by insurance our representation will be secondary and will be only to monitor their (the insurance company’s) lawyers and advise you, we will not appear on your behalf in Court. However, if you are not insured against the particular legal “claim” or “suit” which is covered by this agreement, we will appear and defend you in Court.
B. CRIMINAL DEFENSE
1. We will represent client and provide a defense to criminal charges filed against a client enrolled in the NY TAC DEFENSE PROGRAM as follows:
a. We will provide, criminal defense legal representation valued at up to the limits of the plan enrolled in (the platinum plan shall have no dollar limit on criminal defense coverage, except that all other limitations apply), as calculated using our then current hourly rates. Client will be responsible for paying client’s own reasonable and necessary costs and expenses suggested by the attorney for the investigation or defense of any criminal charge or criminal proceeding. Our representation as covered under the NY TAC DEFENSE PROGRAM is ONLY for criminal charges or prosecution arising out of the use of a firearm, or other weapon, that is “legally possessed” but only if and when:
(1) The client is arrested or charged with, or subject to inquiry or questioning regarding, a crime as a result of the use of a firearm, or other weapon, that is “legally possessed” and used in a “act of self-defense”, and
(2) The use of the firearm, or other weapon, in an “act of self-defense” occurred during the term of client’s enrollment in the NY TAC DEFENSE PROGRAM, and
b. We have no obligation to provide a defense in connection with the investigation or defense of any criminal charge or criminal proceeding against the client except those specifically outlined herein.
C. EXTREME RISK PROTECTION ORDER (ERPO) (also known as RED FLAG LAW) REPRESENTATION
1. In the event that a client enrolled in the NY TAC Defense program is the subject of an order pursuant to New York Civil Practice Law and Rules (CPLR) §6342 or §6343, the firm will represent client in all proceedings under NY CPLR Article 63-A including any hearing held under CPLR §6343 (1), any application made pursuant to CPLR §6343 (6), to amend any Extreme Risk Protection Order and any application or hearing pursuant to §6345 seeking an extension of an Extreme Risk Protection Order.
2. The firm shall not be required to file any appeal pursuant to the terms of this agreement.
D. ENROLLED CLIENT DISCOUNTS
1. Any client enrolled in the Gold or Platinum NY TAC DEFENSE PROGRAM shall receive a 25% discount on any other services offered by the Firm. Such services shall specifically include but not be limited to: will drafting, real estate closings, traffic tickets, criminal defense not covered under the NY TAC Defense Program, firearms licensing issues including revocations, suspensions, and gun license denials, civil litigation (but not personal injury, medical malpractice or any other contingent fee based case). The 25% discount can be applied to legal fees only and not to any out-of-pocket expenses of the firm. Client must sign a new retainer agreement for the legal services to be provided under the discount program.
2. The Enrolled Client Discount shall not apply unless:
a. The client has been an enrolled member in the NY TAC Defense program for at least 6 months prior to seeking the discount; and
b. The client remains enrolled during the representation for which the client has received or is receiving the discount; and
c. The representation for which the discount is being sought is an area of law that the firm practices, in the geographic area that the firm practices and is not a matter being referred to another law firm: and
d. The fee for which a discount is sought is not a contingency fee; and
e. The subject matter of the representation for which the discount is sought occurred after the client became an enrolled client in the NY TAC Defense Program.
This NY TAC DEFENSE PROGRAM does not apply to, and the benefits described in SECTION I – NY TAC DEFENSE PROGRAM PRE PAID LEGAL PLAN CLIENT BENEFITS shall not be available for:
1. Criminal Acts:
We will not represent any client for “Bodily injury” or “property damage” arising out of a criminal act by any client or caused by or during any criminal act of any client. This exclusion does not apply to “bodily injury” or “property damage” resulting from an “act of self-defense”. Therefore, our representation in any civil case under this agreement shall terminate if client is convicted of any crime in connection with the occurrence.
2. Contractual Liability
We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) for “Bodily injury” or “property damage” arose due to the assumption of liability in a contract or agreement.
3. Employer’s Liability
a. We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) for “bodily injury” to an “employee” of any client arising out of and in the course of:
(i) Employment by any client; or
(ii) Performing duties related to the conduct of the client’s business.
b. We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) for “Property damage” to any property of an “employee” of the client arising out of and in the course of:
(i) Employment by the client; or
(ii) Performing duties related to the conduct of the client’s business.
The use of a firearm or other weapon by anyone other than a client except as specifically stated in paragraph A(1)(a)(2) of SECTION I – NY TAC DEFENSE PROGRAM PRE-PAID LEGAL PLAN CLIENT BENEFITS, above.
5. Professional Services
a. We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) for “bodily injury” or “property damage” due to the rendering of or failure to render any professional service; or
b. The negligent:
(1) Employment; or
(2) Investigation; or
(3) Supervision; or
of any professional for whom any client is or ever was legally responsible.
This exclusion applies even if the claims against any client allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the client, if the “occurrence” or the incident arising from a “covered legal liability” which caused the “bodily injury” or “property damage” involved any professional service.
c. We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) for “bodily injury” or “property damage” occurred while the client was performing official duties relating to his/her work as a security guard, police officer, peace officer, bail enforcement agent or officer, or any federal or state law enforcement officer.
We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) for “Bodily injury” or “property damage” however caused, arises, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
7. Occupational Use
We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) for “bodily injury” or “property damage” arises out of any client’s conduct in providing law enforcement, security, safety, recovery or repossession services for compensation or a fee.
8. Damage To Property
“Property damage” to:
a. Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property,
b. Property loaned to you;
c. Personal property in the care, custody or control of a client.
9. Electronic Data
“Damages” arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
10. Unexplained Disappearance
We will not represent any client under this agreement for any criminal investigation or charges or in any civil matter where liability (criminal or civil) arises out of the unexplained or mysterious disappearance of a firearm or other weapon.
SECTION II – WHO IS A CLIENT
A. Clients are those individuals shown on the Client list of the law firm as an enrolled client in the NY TAC Defense Program on the date of the “occurrence”, and
B. Persons who and are fully paid and up to date on all legal fees and retainer amounts as of the date and time of occurrence, have submitted a truthful application and who have signed the Client retainer Agreement.
SECTION III – NY TAC DEFENSE PROGRAM PRE-PAID LEGAL PLAN CLIENT BENEFITS CONDITIONS
Bankruptcy or insolvency of a client or of the client’s estate will not relieve us of our obligations under this Client Retainer Agreement except to the extent that such bankruptcy discharges any liability of Client with respect to any “occurrence.”
B. Duties In The Event Of Occurrence, Incident, Claim or Suit
1. As a condition precedent to your rights under this Client Retainer Agreement, you must see to it that we are notified as soon as practicable, but in no event later than 30 days after your enrollment as a Client in the NY TAC Defense Program ends, of an “occurrence,” or incident arising from a “covered legal liability,” which may result in a claim or “suit.” To the extent possible, notice should include:
a. How, when and where the “occurrence” or incident took place;
b. The names and addresses of any injured persons and witnesses; and
c. The nature and location of any injury or damage arising out of the “occurrence” or incident.
Notice of an “occurrence” or incident is not notice of a claim.
2. If a claim or “suit” is received by any client, you must:
a. Immediately record the specifics of the claim and “suit” the date received; and
b. See to it that we receive written notice of the claim or ‘suit’ as soon as practicable and, in no event, later than 30 days after your enrollment as a Client in the NY TAC Defense Program ends.
3. You and any other involved client must:
a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or a “suit”; and
b. Authorize us to obtain records and other information; and
c. Cooperate with us in the investigation of the claim and defense against the “suit”; and
d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the client because of injury or damage to which this Protection Plan may also apply.
C. Duties In The Event That The Client Is Charged With A Crime Or Arrested As A Result Of An Occurrence Or Subject to Inquiry Or Questioning
1. You must see to it that we are notified immediately of an “occurrence” which results in the arrest of the client or criminal charges filed against the client or an incident resulting in inquiry or questioning of the client by law enforcement.
To the extent possible, notice should include:
a. How, when and where the “occurrence” took place; and
b. When, where and why the client was subject to or asked to submit to questioning or inquiry by law enforcement personnel; and
c. When and where the client was arrested or charged with a crime; and
d. A copy of the indictment or other documentary proof of criminal charges made against the client or for which the client is arrested; and
e. The name, address, and contact information of any law enforcement personnel, prosecutors, or lawyers that you discussed the occurrence with to the extent such is in the possession of client.
2. You or your representative must:
a. Authorize us to obtain records and other information necessary to protect your rights;
b. Cooperate with us in the investigation and perform any reasonable actions requested by us that we deem necessary to protect your rights, defend you in any Court or investigate the “occurrence”.
D. Best Efforts for Clients/Conflicts of Interest
As a law firm, with an impeccable reputation, we strive to achieve the highest standards of ethical representation. As a client you are entitled to our best efforts in our representation of your interests and conflict free representation. That means that our representation to you must not conflict with our representation of any other client or with our own interests. If we become aware of any conflict we will notify you as soon as practicable after we become aware of the conflict. In addition, if in our judgment the conflict is waivable, we will fully explain the conflict and give you an opportunity to either waive the conflict or have us withdraw from any representation of client. If in our judgment the conflict is non-waivable because we believe that an actual conflict exists, then we will withdraw from any further representation of client.
In addition, any Court or tribunal that is hearing, litigating or adjudicating your case may have the authority to decide that because of a conflict the law firm cannot continue to represent you even if you are willing to waive any conflict.
In the event that we are forced to withdraw as counsel for any reason your remedy will be limited to a return of any retainer payments made or earned after we reasonably became aware of the conflict.
The firm has no obligation to file, prosecute or defend any appeal in connection with any representation undertaken pursuant to the NY TAC Defense Program or this agreement. If client wishes to appeal an adverse ruling or if an adverse party files any appeal, the firm and client would need to sign a new retainer agreement and negotiate a new and additional fee.
This agreement contains all the terms of the agreement between you and us concerning your enrollment in the NY TAC Defense Program and obligations and benefits under the NY TAC Defense Program. We are authorized to make changes in the terms of this Protection Plan Agreement without your consent as long as such changes are made in writing by updating these terms on the website and you are notified of any such changes by such posting.
SECTION IV – DEFINITIONS
A. “Act of self-defense” means the act of defending one’s person or others, against a physical threat, by the actual or threatened use of a firearm, or other weapon, that is “legally possessed”, against an imminent threat of death or serious bodily harm by an aggressor, but only if any force used is both reasonable under the circumstances and proportionate to the threat, and the act that complies with the requirements of Article 35 of the New York State Penal Law.
B. “Bodily injury” means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.
C. “Claim Expenses” means all reasonable fees, costs and expenses which are reasonably necessary for the investigation, and/or defense of a claim or “suit” for “damages” because of “bodily injury” or “property damage”; Such fees may include but are not limited to, the cost of investigators, expert witnesses, service of process, filing fees, deposition fees, transcript fees, mail in excess of $10.
D. “Conviction” means the entry by a court of an adjudication, judgment, order or ruling finding a party guilty of a crime whether following a plea of guilty, a criminal trial, a judicial determination, or any other similar mechanism or procedure.
E. “Applicable territory” means the State of New York
F. “Covered legal liability” means the legal liability arising out of a non-client’s use of a stolen firearm as described in paragraph A.1.a.(2) of SECTION I above.
G. “Damages” means the amount a client becomes legally obligated to pay as a result of a judgment, adjudication or settlement of any claim or “suit” alleging “bodily injury” and/or “property damage” caused by or arising out of an client’s use of a “legally possessed” firearm or other weapon; or arising from a “covered legal liability”, including pre-judgment and post-judgment interest, except that “damages” shall not include fines, judicial sanctions, penalties, punitive and/or exemplary damages or multiples of compensatory damages.
H. “Employee” includes a “temporary worker”.
I. “Temporary worker” means a person sent to you or your company by a labor leasing firm, or temporary agency to perform duties related to the conduct of your business.
J. “Legally possessed” means the client, by operation of the applicable:
3. Federal; or
4. Other jurisdictional law,
is authorized to own or use the firearm or other weapon. “Legally possessed” includes the use of a firearm or other weapon that is legal to own and possess at the time and place it is used under all applicable state, local, county and federal laws.
K. “Occurrence” means the use of a “legally possessed” firearm or other “legally possessed” weapon in an “act of self-defense” by the client.
L. “Personal possession” means upon the person.
M. “Property damage” means physical damage to tangible property which reduces the value of such property, including all resulting 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; or
N. “Secured auto” means an auto in which the firearm is not visible from outside of the auto and the auto has been locked or otherwise secured to prevent access to parties other than the client.
O. “Secured location” means your home, temporary residence or office that has been locked or otherwise secured to prevent access to parties other than the client.
P. “Safeguarded firearm” means a firearm that has its operation disabled by: a trigger lock, and/or breach lock, and/or fire mechanism detachment.
Q. “Suit” means a civil proceeding in which “damages” because of “bodily injury”, “property damage” or to which this benefit applies are alleged. “Suit” includes:
1. An arbitration proceeding in which such “damages” are claimed and to which the client must submit or does submit with our consent; or
2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which the client submits with our consent.