In 2008 a commuter was struck and killed by an oncoming Amtrak train. A large part of the commuter's body flew through the air and struck a bystander waiting for a different train, causing injuries to her shoulder, wrist and leg.
Amazingly enough, the First Judicial District of the Illinois Court of Appeals has ruled that the bystander may sue because her injuries were foreseeable and that the deceased owed her a duty of care. That's right—your dead body owes a duty of care to passersby. A trial judge had earlier ruled that the accident was not reasonably foreseeable and was tragically bizarre, but the appeals court did not agree.
If we go along with the appeals court that dead bodies owe a duty of care to passersby if by some chance they go flying through the air (certainly a rare occurrence), is there coverage under your basic homeowner's policy?
Indeed there is. Under medical payment to others, coverage applies to a person off the insured location if the injury is caused by the activities of an insured. Certainly the flying of the deceased insured's body can be seen as an activity. Merriam Webster online defines active as the quality or state of being active; 2: vigorous or energetic action; or an active force. Certainly a flying body is an active force. There is no exclusion in the policy for flying bodies, so there is coverage.
So remember this in the event of a zombie apocalypse: Once you identify the zombie who causes you injuries, you can file a claim for med pay against his homeowner's policy.
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
