Bad Faith

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