Med Pay for Trucking Company Owner-Operators

Q

Our insured is a trucking firm that contracts with owner-operators to make their runs and the firm wants to provide auto medical payments coverage in case the drivers should become injured in their trucks. Our insured looks upon this as providing a modicum of protection for persons who are not employees and who are therefore not eligible for workers compensation recovery. Note that the trucks are scheduled on our fleet policy for liability insurance.

Our concern is with making our medical coverage be primary. Auto medical payments agreements do not distinguish between personal and commercial vehicles in terms of how the covered injury is sustained and these agreements commonly make the coverage applying to the owned vehicle primary.

Pennsylvania Subscriber

A

If the owner-operators have automobile medical pay coverage on their trucks, their coverage will indeed be primary. Perhaps your insured could consider reimbursing the owners for the cost of their private insurance. Your insured might also reduce the limit of auto medical pay on the fleet policy, if it will be excess as to all the scheduled units.

Any medical pay coverage that the owner-operators have on their personal cars will not get in the way. An exclusion in the personal auto policy eliminates coverage for bodily injury sustained in the course of business by an occupant of a vehicle larger than a pickup or van.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis