August 2009, Volume 32
There must be coverage … somewhere!

A bicyclist struck Lynn as she crossed the street. She was injured, sought coverage and decided to file a claim against her own automobile Personal Injury Protection (no-fault) coverage.

The question of whether coverage applied depended on whether or not a link existed between Lynn’s use of the car and the accident. The sequence of events is as follows:

Lynn parked her car across the street from her house.

She walked across the street and entered the house.

She took her dog with her as she walked back across the street to the car.

She thought about bringing some items from the car but decided to return to the house empty handed.

As she crossed the street to return to her house, the bicyclist struck her.

Lynn’s insurance carrier couldn’t find a link and denied coverage. Lynn sued and the trial judge agreed with Lynn. The insurance carrier appealed and the appellate court determined that the necessary link was not present.

Click here for more details on this court case.

What is No-Fault coverage?

No fault automobile coverage was a hot topic in the 1980s and 1990s, resulting in a number of states adopting no-fault insurance regulations. Drivers must purchase personal injury protection (PIP) to provide for their own injuries because lawsuits in these states against negligent drivers are restricted.

Click here to review the PF&M discussion
of No-Fault coverage.

Should Lynn have considered her uninsured motorists coverage?

Uninsured and/or underinsured motorists coverage would protect Lynn if a motorist struck her. However, a bicyclist is not a motorist. In order for coverage to apply, a motorized land vehicle had to strike Lynn. Since bicycles are not motorized, they are not autos.

Click her to review the PF&M discussion of uninsured motorists coverage.

Since the bicyclist struck Lynn, shouldn’t the bicyclist's
homeowners or personal liability coverage respond?

The homeowners or personal liability coverage could cover the injuries caused by the bicyclist's negligence. This might be a good time to think about your clients and consider if the limits of insurance are adequate for injuries a bicyclist might cause to a pedestrian or another bicyclist. While chances of such an accident are remote, the possibility of significant injuries could be a reason to encourage your clients to raise their limits.

Click here for a letter you might consider sending
to customers encouraging them to increase their liability limits.

Updates

We've updated the Boats and Yachts and the Casual and Artisan Contractors Producer’s Commercial Lines Risk Evaluation System questionnaires. Forty-six classifications have been updated. Here are just few of them:

Boat Dealers Marinas Carpenters
House Movers Handymen Janitor Services
Locksmiths Plumbers Sandblasting Contractors
Termite Control Tree Surgeons Window Washers
Feedback

Have you found what you need in the Producer OnLine? Is there a classification
to add to the Producer's Commercial Lines Risk Evaluation System or a subject that you would like to see covered in PF&M?  Contact us now.

 
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