Our insured is allergic to bee stings and was recently stung by a bee. He was driving himself to the doctor's office for treatment when he passed out. He crashed his car into a tree and injured himself. This brought up the question in our office as to whether his injuries would be covered by the medical payments part of his auto policy. Some of us think the med pay only applies to injuries caused by an auto and that the ultimate cause of the insured's injuries was the bee sting. What is your opinion?
Nebraska Subscriber
The personal auto policy's med pay coverage is for reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by an accident and sustained by an insured. The named insured is an insured while occupying a motor vehicle and he was injured due to an accident. His medical expenses from the accident should be covered unless there is some exclusion on the policy that applies.
Now, the insurer is entitled to try to separate the injuries the insured suffered due to the auto accident from the injuries due to the bee sting. The med pay insuring agreement does not specifically require bodily injury caused by an auto accident, but it does require the covered insured to be occupying a motor vehicle or to be a pedestrian struck by a motor vehicle. In this case, the insured was apparently stung by a bee before he got into his car and the medical results from that sting would not be covered by auto med pay. It may be impossible to separate the sting injuries from the crash injuries, or perhaps the difference in cost is negligible, but the insurer would be entitled to limit its payment under the auto med pay to the crash injuries if it chose.
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