Marijuana Firearm Possession for Marijuana Businesses

Questions regularly arise from completion of the marijuana business insurance application as you are required to answer the question “Are there any firearms on the location listed above:” Answering this question does not eliminate you from qualifying for commercial insurance although your answer will affect whether or not your policy will respond to claims of assault and battery. The unendorsed marijuana business insurance policy contains no specific exclusion for such actions, but when you answer yes about marijuana firearm possession on the application an exclusion is put in place which excludes protection for ‘assault and battery’.

Assault and Battery is defined as follows:

• Assault is not actual bodily contact, only the threat of bodily injury by force. Such threat is intentional and unlawfully directed towards another person such that the other party has a reasonable fear that injury is likely to occur. The apparent ability to carry out such a threat must also exist. A person pointing a gun at someone and telling them, "I'm going to kill you," would amply qualify as assault (in this case it's with a deadly weapon). Battery is actual physical touching and does not equate to assault.
• Battery (according to www.expertlaw.com) is actual physical contact with another individual against that person's will. Such contact does not have to result in physical injury to be considered battery. Such contact is not limited to physical touching or beating but can also refer to the physical restraint of a person. Spitting on a person, although not likely to cause injury, can qualify as battery. Battery can exist on its own without assault; an example would be someone just grabbing another person and beating them without provocation or warning.

I specialize in marijuana business insurance, even when you have a marijuana firearm on the premises you qualify for marijuana business insurance. If you’re interested in discussing your insurance needs or would like to receive a quote please call me at (503)-922-4847 or select “Request a Quote” below.

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