Q
What is the eligibility status of Motorcycle Safety School (MSS) participants for medical payments under the CGL policy, where the MSS is the insured? The MSS does all advertising and enrollment. Teachers are employed by the MSS and are not affiliated with the sponsor. Sponsor does nothing but provide a facility. Is the MSS deemed to be a Class Code 67512 or 67513 school? Are participants considered to be pupils and, hence, not eligible for medical payments?
Minnesota Subscriber
A
The standard commercial general liability coverage form would automatically provide med pay for students since none of the exclusions apply. In order to control this exposure, insurers usually require CG 22 71 to be put on the policy so that med pay is not available for students. However, if the insured and the insurer agree to provide med pay for students, then CG 22 72 is put on the policy and an appropriate premium is charged.
In the case you describe, the participants in the motorcycle safety school are students. It is true that there is no definition on the forms that we can refer to; therefore, in such an instance, you have to look to the common dictionary and the definition of student means one who attends a school or one who studies. This obviously fits those who attend the motorcycle safety school regardless of whether or not they are officially called students. So, if the insured has neither CG 22 71 or CG 22 72 on the policy, the students have med pay coverage; if the insured has CG 22 71, there is no med pay coverage; and if the insured has CG 22 72 on the policy, the students (or participants) do have med pay coverage.
As for the proper classification code, that depends upon whether the insured school is a for-profit school. If the school is a for-profit school, code 65712 is used; if the school is not-for-profit, code 67513 is used.
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