Problems viewing this email? Click Here

600px_FCS-IntelligenceTopper-New
August 11, 2016  

 
 Q&A of the Week
Injuries from Escaping Motor Vehicle

A Maryland subscriber recently asked the following question:

Insured has a standard personal auto policy. Insured is driving with his girlfriend (also named insured on the policy). The weather conditions were poor and very heavy rains flooded the road the couple was driving on. The vehicle was swept away down the road in the flood water. Both the driver and the passenger escaped the vehicle. The passenger escaped but the driver drown in the flood water. Is there BI coverage available to the insured driver or passenger? The cause of death was due to drowning not due to a motor vehicle accident, so it does not appear that coverage is triggered.


ANSWER: Generally a Personal Auto Policy will state that in order to trigger coverage the insured has to be legally liable for bodily injury that is caused by an auto accident. Here there is no obvious liability claim, unless the insured-passenger can claim that the insured-driver was negligent when he drove down the flooded road. Although some courts have considered water as an object within the meaning of collision, in this case we cannot definitively say that this would be considered an auto accident.
In Part B of the insuring agreement, Medical Payments Coverage, the standard policy says that the insurer "will pay reasonable expenses incurred for necessary medical and funeral services because of 'bodily injury' caused by accident and sustained by an 'insured.'" An accident in Part B is different from an accident in Part A and requires only that the insured is injured while occupying a motor vehicle designed for use on a public road. Because the insureds were escaping the vehicle at the time of the bodily injury and death, they were technically occupying the vehicle at the time of the injuries. Since the bodily injury and death in this case both occurred while the insureds were occupying a motor vehicle designed for use on a public road, this is considered an accident under Part B, Medical Payments Coverage. Since the survivor in this case was an insured, any reasonable medical expenses will be covered. Also, since the standard policy includes coverage for funeral expenses, and because the driver was also an insured, the deceased drivers funeral services will also be covered.  
Read More
 
 What's New This Week in FC&S
Kidnap, Ransom, and Extortion Policy

Insurance Services Office (ISO) has updated and revised the coverage form for loss suffered by the insured due to kidnap, ransom, or extortion. Read More
 
 Litigation Watch
Exclusive Remedy Provision

Kershner appeals a trial court summary judgment on his premises liability claim against Samsung Austin Semiconductor. This case is Kershner v. Samsung Austin Semiconductor, 2016 WL 3974783.

Samsung was acting as the general contractor of the construction project on its premises. Kershner was employed by a subcontractor, Spur Electric. Spur signed the subcontract and agreed in the contract that workers compensation insurance coverage was provided to Spur and its employees pursuant to an owner/contractor controlled insurance program (OCIP).
 Read More
 
 Fraud of the Week
Crop Fraud – Kentucky
AMOUNT: $1.1 million


Two farmers in Kentucky have confessed to crop insurance fraud. 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
293px_FCS_ZalmaComboImage  
Insurance Claims: A Comprehensive Guide
The only source you'll need to successfully handle insurance claims from start to finish. More Info
Construction Defects Coverage Guide
Your single-source for identifying, insuring, investigating, prosecuting, and defending cases that result from construction defect claims. More Info
Mold Claims Coverage Guide
This guide will allow you to handle mold insurance claims and litigation resulting from mold or fungi related disputes with confidence. More Info
For more information about these titles Click Here
 
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
Hannah Smith, J.D.
Staff Writer
 
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice is required, the services of a competent professional person should be sought.

To ensure future delivery of email, please add admin@list.nationalunderwriter.com
to your address book, contacts or safe sender list.
You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
 
120px_ALM_NT_CMYK_Small
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018
1-800-543-0874