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 |
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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 |
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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
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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
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FC&S Ask the Experts |
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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. |
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Contact Us |
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Contact us at:
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Phone: 800-543-0874
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