Kayla Giles Self-Defense Case and USCCA Plan Analyzed
By Attorneys Marc J. Victor and Andy Marcantel
June 28, 2023
AOR Program Update - 4/1/25
The Attorneys On Retainer Program has been updated since this video was initially released. The program is designed with the same strengths as the original program, particularly its close affiliation with the only law firm in the United States working solely on self-defense cases, and this new program includes much more! For additional information, click here.
Insurance companies like the United States Concealed Carry Association (USCCA) offer legal defense coverage for members involved in acts of self-defense. However, the legal landscape surrounding these insurance contracts can be complex. Criminal defense attorneys Andy Marcantel and Marc J. Victor delve into these challenges, highlighting the notable case of Kayla Giles, a former USCCA member.
The Kayla Giles Case
Ms. Giles, a Louisiana woman and USCCA platinum member, was involved in a fatal shooting during a custody exchange with her ex-husband. Ms. Giles maintains that her ex-husband acted aggressively and threatened her safety through her car door. Believing her life was in danger, she fired her gun.
After the incident, Ms. Giles complied with USCCA’s protocol and was connected with a criminal defense attorney. Marc and Andrew confirmed that they spoke to Ms. Giles’ initial attorney, who described Ms. Giles’ case as one of the strongest self-defense claims he had encountered. The attorneys also emphasized that the judge allowed the self-defense argument to be presented to the jury, indicating Ms. Giles met the critical legal threshold known as the burden of production.
USCCA Denies Coverage
Despite the strong legal positioning, USCCA reviewed materials from Ms. Giles’ case and decided she had not acted in lawful self-defense. Citing a contract clause excluding coverage for “criminal acts,” USCCA revoked coverage, forcing Ms. Giles’ attorney to withdraw.
“I would hate to see the Bronze Membership if that’s the Platinum Membership.”
– Attorney Marcantel
Ms. Giles was later convicted and filed a lawsuit against USCCA. However, the case was dismissed due to the contract’s criminal acts clause and Ms. Giles’ criminal conviction. The attorneys discuss examples of potential legal and contractual pitfalls when dealing with a self-defense insurance company:
- Burden of Production: The defense must first make a preliminary showing that sufficient evidence exists to support a self-defense claim before the issue can be presented to the jury. In this case, both Ms. Giles’ defense attorney and the judge agreed that Ms. Giles met that burden. However, USCCA deemed it insufficient.
- Probable Cause vs. Beyond a Reasonable Doubt: Being charged with a crime can be enough for an insurance company to deny coverage. Once they find a probable cause, which is a relatively low legal standard, it often satisfies this threshold. This is because most policies include exclusions for alleged criminal acts.
- Cooperation Clause: Defense attorneys are required to share case details with insurance providers. However, that same information can later be used by the insurer to justify denying or terminating coverage.
Incentives Behind Denied Claims
The attorneys point out that insurance companies have structural incentives to deny claims, driven by financial and reputational concerns. Since approximately 95% of criminal cases end in plea deals, insurers can often invoke “criminal act” exclusions to avoid paying claims, reducing their financial liability with minimal challenge. To maintain public trust, insurers may approve select cases while denying others strategically, thereby managing exposure without appearing uniformly unsympathetic. This creates ethical tensions for defense attorneys funded by insurance, who must advocate zealously for their clients while navigating policy restrictions that may hinder a full defense.
“Now that we know that the insurance company can just unilaterally decide that they like this case or they don’t like this case, what does that say for the peace of mind that somebody would get from patronizing one of these companies?”
– Attorney Marcantel
Instead of contracting with an insurance company, connect with an established and well-respected criminal defense law firm like The Attorneys For Freedom Law Firm (AFF). AFF is solely dedicated to representing clients in self-defense cases through our Attorneys On Retainer Program (AOR). If you are interested in learning more about our AOR Program, contact us by calling (866)-404-5112 or email us.
