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May 5, 2016  

 
 Q&A of the Week
Additional Insured Is Non-resident Relative

An Ohio subscriber recently asked the following question:

The insured's father cosigned the mortgage and was placed on the policy as an additional insured per form HO 04 41. He did not reside with the insured.
The insured's father was helping the insured remodel a porch deck when he fell and was injured.
HO 04 41 makes the father an additional insured, and the med pay exclusion precludes coverage for an insured. However, since the father did not reside with the insured, does med pay coverage apply?


ANSWER: The fact that the father did not live with the insured does not negate the endorsement making him an insured. The definition of "insured" is extended to the scheduled individual for coverages A, B, E, and F, meaning that the father cannot both be an additional insured and an other person who receives benefits. As he is an insured for coverage F, that would be providing benefits to himself. There is no coverage for the father.
 Read More
 
 What's New This Week in FC&S
Increasing Criminal Exposures: Will Your Insurance Respond?

Mr. Bailey is a member of the Columbus, Ohio, law firm of Bailey Cavalieri LLP. Mr. Bailey specializes in D&O liability insurance, corporate, and securities law. Read More
 
 Litigation Watch
As Soon As Practicable Notification

The insured brought an action against the insurer seeking a declaration that she was entitled to supplemental underinsured motorist (SUM) coverage under an auto insurance policy. This case is Slocum v. Progressive Northwestern Insurance Company, 2016 WL 1165334.

The insured (Slocum) was injured in a motor vehicle accident on July 29, 2012, when the vehicle in which she was a passenger was hit from behind by a vehicle operated by a nonparty tortfeasor. At the time of the accident, Slocum was a named insured on an auto policy issued by Progressive Northwestern. Slocum underwent cervical fusion surgery. The tortfeasor's policy limits were $50,000 so Slocum notified Progressive that she was seeking coverage under the SUM endorsement of the auto policy. This notice was sent in August 2014.
 Read More
 
 Fraud of the Week
Auto Fraud – New Jersey
AMOUNT: $5,512.98


A New Jersey man pleaded guilty to two counts of second-degree insurance fraud for paying to have parts removed from his motorcycle and then filing claims, stating that the parts had been stolen. Read More
 
   
 FC&S Ask the Experts
Did you realize that the Q&A section of FC&S is made up of questions submitted by subscribers like you?

Paid subscribers to FC&S Online or print FC&S Bulletins are invited to submit insurance coverage questions to the editors. We'll provide a personalized opinion within five business days. (We'll let you know if it will be longer than that. Sometimes we have to gather research or other supporting materials).

Who knows? Your question may be featured (anonymously) in the online Q&A of the Week or as an FC&S update.

Submit your coverage interpretation question right to the editors of FC&S for quick and reliable information. Ask our expert staff a question by clicking here.
 
 Maximize Your FC&S
 Online Subscription!
FC&S editors regularly conduct web-based demos of the service. Feel free to contact Christine Barlow, cbarlow@alm.com, to set one up! They only take 30 minutes, a small investment of time that will help you learn all that FC&S Online has to offer.
 
 Contact Us
As always, your comments and questions are welcome.

Contact us at:
FC&S Department
Phone: 800-543-0874
Fax: 859-692-2293
Email: eAlerts@nuco.com
The Zalma Insurance Claims Library
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FC&S Team
Kelly Maheu, J.D.
Publisher
  Diane W. Richardson, CPCU
Consulting Editor
Christine G. Barlow, CPCU
Managing Editor, FC&S
  Diana B. Reitz, CPCU, AAI
Consulting Editor
David D. Thamann, J.D., CPCU, ARM
Managing Editor, FC&S Bulletins
  Emily Brunner
Online/Print/Production Editor
Susan L. Massmann, CPCU
Managing Editor, Electronic Publications
  Tosha Brinkman
Marketing Manager
Barry Zalma, Esq., CFE
Contributing Editor
  Donna Cozatchy
Creative Director

 
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