Preparation for the unthinkable: Why liability insurance for active assailant incidents can be vital

Learn how organisations that operate public premises and venues face increasing risks from the nightmare scenario of mass shootings and other attacks – and the importance of insurance for associated liabilities.

In today’s world, organisations ranging from churches and schools to shopping malls and stadiums face an uncomfortable truth – that ‘active assailant’ incidents, including mass shootings and other violent attacks, are no longer rare events, even in developed nations.

As these tragedies continue to multiply in places once considered safe, so do the legal, financial and reputational implications for organisations that own or operate premises and venues. That’s why partnering with an expert like Costero Brokers, with deep expertise in crisis management and access to specialist Lloyd’s of London coverage, is more important than ever for organisations seeking to mitigate this evolving risk – and for the insurers and insurance brokers who serve them.

A changing threat landscape: The rise of active assailant incidents

Violent attacks at public venues and institutions are no longer an anomaly – this is a worrying trend that’s escalating in both frequency and impact. ‘Active assailant’ incidents describe attacks by one or more perpetrators, using firearms, blades, vehicles or other weapons.

The most high-profile examples of such incidents in recent years are mass shootings, typically defined as a gun-related attack that kills or injures four or more victims. During 2024, in the United States alone, there were 586 mass shootings, killing a total of 711 people and injuring a further 2,375. This is up from 434 mass shootings in 2019. (Source: Wikipedia)

And this is an international problem. Other developed and historically stable countries such as France, Sweden and New Zealand have also suffered devastating active assailant events in recent years. The motivations may vary – from ideological extremism to personal grievance – but the consequences are always catastrophic, with lives lost or shattered, and communities traumatised. There are also less obvious repercussions for organisations operating the premises where these incidents happen – who can be left facing immense liabilities.

High-profile active assailant incidents and venue implications

To illustrate the scale of the situation, let’s consider just a selection of significant active assailant incidents over recent years, categorised by location type:

Event venues

• Bataclan Concert Hall, Paris, France (2015): Islamist terrorists shot and killed 89 people during a concert, and seriously injured 99. This was the deadliest of a series of gun and bomb attacks on Paris venues that night. (Source: BBC News)
• Pulse Nightclub, Orlando, Florida, USA (2016): A lone gunman killed 49 people, raising questions about nightclub security and emergency response. (Source: NBC News)
• Route 91 Harvest Music Festival, Las Vegas, Nevada, USA (2017): In the deadliest mass shooting by a lone gunman in U.S. history, a sniper caused 60 fatalities and over 850 injuries. Venue owners and festival organisers faced significant liability litigation. (Source: The Guardian)

Places of worship

• First Baptist Church, Sutherland Springs, Texas, USA (2017): 26 people were killed by an assailant. The church later sued the U.S. government for negligence. (Source: Texas Tribune)
• Tree of Life Synagogue, Pittsburgh, USA (2018): 11 people were killed in the deadliest attack on a Jewish community site in U.S. history, prompting long-term changes to synagogue security. (Source: PBS)
• Christchurch Mosques, New Zealand (2019): 51 people killed by a white supremacist. Local organisations and government faced scrutiny over security preparedness. (Source: BBC News)

Educational sites

• Marjory Stoneman Douglas High School, Parkland, Florida, USA:( (2018): 17 students and staff were killed, triggering lawsuits over security. (Source: CBS News)
• Robb Elementary School, Uvalde, Texas, USA (2022): 21 killed by a shooter. A high-profile investigation followed into law enforcement’s delayed response. (Source: BBC News)
• Covenant School, Nashville, Tennessee, USA (2023): 6 students and staff were killed in another stark reminder of the vulnerability of educational sites. (Source: The Tennessean)
• Campus Risbergska, Örebro, Sweden (2025): An attack at an adult education college killed 10 people, stunning the Swedish public and raising questions on preparedness. (Source: BBC News)

Retail locations

• Walmart, El Paso, Texas, USA (2019): A mass shooting targeting Hispanic supermarket shoppers caused 23 deaths. Walmart was sued by victims’ families. (Source: El Paso Matters)
• Allen Premium Outlets Mall, Allen, Texas, USA (2023): Nine people killed by a shooter, reinforcing the need for active assailant protocols in retail settings. (Source: Texas Tribune)

The hidden risks and liabilities for property owners and operators

Such incidents are, first and foremost, human tragedies. But they also pose significant risks and liabilities to the organisations operating the affected sites. Beyond physical damage, these organisations can face:

• Legal liability claims from victims and families
• Business interruption and loss of income
• Event cancellation costs
• Reputational harm and public relations crises
• Additional security and remediation expenses

Even the most security-conscious organisations may be vulnerable, especially as attackers exploit soft targets or rapidly evolving tactics. Your duty of care as an organisation extends not only to your staff, visitors and community, but also to your long-term viability in the face of crisis.

How a specialist insurance expert can help you stay prepared

Responsible preparedness for the aftermath of such incidents can be achieved by working with an insurance specialist in crisis management, like Costero Brokers. We work both directly with organisations, and with the insurers and brokers that serve these clients.

Specifically, we can provide specialist coverage for liabilities arising from active assailant incidents. These tailored programmes are underwritten by Lloyd’s of London syndicates and top-tier global reinsurers, giving you access to unrivalled expertise and robust policy flexibility that general market options may not offer.

For organisations in the USA, our coverage far exceeds the scope and protection offered by standard terrorism insurance policies offered under the federal Terrorism Risk Insurance Act (TRIA), which only responds to government-declared terrorism events, must meet a $5 million threshold, and covers limited perils. Costero’s Lloyd’s-backed offerings go much further, typically including:

• Active Assailant/Shooter Coverage (not just terrorism)
• No minimum threshold for losses
• Full liability coverage for organisations
• Crisis response and counselling costs
• Flexible limits, no deductibles
• Worldwide territorial scope

Our comprehensive programmes can also include business interruption, temporary accommodation, medical and funeral expenses, forensic clean-up, additional security, counselling, and more.

Take action: Obtain the right protection for your organisation

The reality of active assailant threats can no longer be ignored. Whether you’re an insurer, broker or directly responsible for protecting an organisation at risk, now is the time to take proactive measures.

As organisations, insurers and brokers navigate an evolving and increasingly complex landscape of risks related to violence and terrorism, working with a specialist expert is vital.

Costero Brokers offers a comprehensive range of insurance solutions for crisis management, with expertise in risks related to violence and terrorism. We build bespoke active assailant insurance programmes tailored to each client’s specific exposure – whether that involves running a school district, managing a concert venue, operating a retail site, or protecting a faith-based institution.

Talk to our Crisis Management team today to learn how we can help you design a policy that meets modern threats with sophisticated solutions. To find out more, get in touch with our expert, Freddie Tyler at Costero Brokers.