AOR Responds To Connecticut’s Cease And Desist Letter
June 24, 2024
The Connecticut Department of Insurance issued a cease and desist order against Attorney On Retainer (AOR), accusing us of operating as an unlicensed insurance provider. Criminal defense attorneys Marc J. Victor and Andrew C. Marcantel respond to the letter, emphasizing transparency and eagerness to clarify any false claims.
What Happened in Connecticut
The attorneys acknowledge that they expected to receive such a letter at some point, especially from anti-gun states in the aftermath of New York State Rifle & Pistol Association v. Bruen (2022).
Bruen changed the legal landscape, confirming that the right to bear arms is not subject to interest-balancing tests. In response, some states have considered new strategies, such as requiring liability insurance for gun owners. The attorneys argue that this raises serious constitutional questions.
“Imagine that you need a $100,000 liability policy in order to exercise your Second Amendment right.”
– Attorney Victor
AOR Versus Insurance
In April 2024, Connecticut’s Department of Insurance issued a cease-and-desist order claiming that the AOR program constituted “insurance” under state law. Connecticut argued that because AOR offers legal protection in case of a future self-defense incident, it falls within the statutory definition of insurance. The letter advised AOR to cease doing business in Connecticut, cancel all agreements with Connecticut residents, refund all client payments, and obtain proper licensure before resuming operations. The attorneys make it clear that AOR is not insurance.
“We are not an insurance company, we are a law firm.”
– Attorney Marcantel
Insurance Versus Legal Services
In legal terms, insurance is a contract under which one party agrees to compensate another for specific future losses, typically in exchange for premiums. It’s regulated by state insurance departments and subject to compliance requirements.
In contrast, a retainer agreement is a contract between a client and an attorney for future legal representation. It’s governed by rules of professional conduct, not by insurance statutes. AOR does not indemnify members or reimburse third-party losses. Instead, it defends members in court.
Despite being issued in mid-April, AOR didn’t discover it until late May, after a client found it online and reported it. Initial searches of the state’s docket led AOR to believe the document was fraudulent, especially as the docket number referenced an unrelated case. However, they eventually confirmed its legitimacy.
“We haven’t been served with anything, we got no notice of anything, but we are reaching out to you to deal with this situation.”
– Attorney Victor
Lawful Compliance and Client-Centered Action
In response to the letter, AOR adopted a strategic, client-first approach. First, AOR stopped all new signups in Connecticut within hours of discovering the issue, before receiving the formal cease and desist order. AOR proactively refunded every Connecticut member in full. AFF will also provide free legal defense for any self-defense-related incident involving current Connecticut clients during this period.
“We will defend you just as zealously as if you were a fully paid member of our program.”
– Attorney Marcantel
Every client received a detailed letter that included a copy of the cease-and-desist order, an explanation of the refund process, and assurance of continued legal support at no additional cost. AOR is actively working on a long-term solution. We will restructure the program to meet regulatory requirements without sacrificing the core mission of providing affordable, high-quality legal protection.
Self-defense programs backed by traditional insurance have many limits. If you want reliable legal defense for self-defense cases without all the unnecessary exclusions, be sure to check our AOR Program. For more information, please call 866-404-5112 or email us.
