My client was in an accident while on his scooter. Does his med pay on one of his other vehicles follow him onto the scooter as would UM?
Answer: There probably is not coverage. Med-pay is different than UM in that med-pay is not a statutorily required coverage so the insurance company is permitted to write restrictive provisions in med-pay which would not be valid in UM policies because the UM is statutorily required and insurance companies cannot dilute that coverage. See: Frank v. Allstate, 1986 OK 42, 727 P.2d 577. which holds you do not stack med-pay like you do UM, for that reason. Most med-pay policies contain an “owned but not insured” policy provision that there is no coverage if the insured is occupying a vehicle owned by the insured or a member of the insured’s household but which is not covered under the policy. This provision is valid under med-pay, for the reason stated above
Posted on Mon, January 18, 2010
by Sharon Coleman filed under