Indiana Subscriber

Med pay is for insureds who are injured in an accident. This was no doubt an accident, but the definition of "insured" is not met in our opinion. An insured is the named insured or any family member while occupying a motor vehicle or as a pedestrian when struck by a motor vehicle. Falling down steps and happening to land on the car is not really occupying a car even though the definition includes the term "upon." To say this was occupying the car is stretching the definition too far. This should be handled under the insured's health insurance coverage.

 As for the damage to the car, since the definitions of both "collision" and "other than collision" mention an object ("collision" means an impact with an object, and "other than collision" talks about a falling object), the question is: is a human being an object? It is true that the dictionary definition of "object" could be seen to include a human being, but FC&S has always been of the opinion that a human being is not an object. So, this incident is loss caused by an other than collision cause of loss because a collision would require an impact with an object and an other than collision loss would include everything else and not just the listed items in the PAP.