“Ways Immediately Adjoining” Description

I have a claim against our insured's HO-4 (10/06) form. The claimant injured herself while helping our insured move into his apartment. She was carrying a box across the grass and twisted her ankle. My question is whether Med Pay applies. Specifically, does the grassy area outside the insured's apartment constitute the “ways immediately adjoining” the insured location?

Ohio Subscriber

It depends on the details of the incident. If the friend was walking across the yard from the car to the insured's door, and it was pretty much a direct path, then the yard is “ways immediately adjoining”. However if the friend was several hundred feet away over by the pool or rental office carrying items, then that would not be “ways immediately adjoining”. If the grass or yard touches the building the insured's apartment is in, then there's coverage.

 

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