MSO HOMEOWNERS MPL01

 Common Provisions- Section II

 August 24, 2012

 Summary: The MPL01 form from MSO is the form that provides the common policy provisions and is broken into two sections, section I and section II. Section II is discussed here and covers liability, supplemental coverages, conditions, and a glossary.

Topics covered:

 

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Section II A—Main Liability Coverage – MDL 2

 1. COVERAGE E • PERSONAL LIABILITY TO OTHERS

We will pay for the benefit of insureds, up to our limits of liability shown in the Declarations, those sums that insureds become legally obligated to pay as damages because of bodily injury or property damage that occurs during the policy term and is caused by an occurrence covered by this policy.

2. COVERAGE F • MEDICAL PAYMENTS TO OTHERS

A. We will pay reasonable necessary medical expenses incurred within three years from the date of a covered accident by persons who require medical services because of bodily injury covered under this policy.

Medical expenses means expenses for: necessary ambulance, dental, funeral, hospital, medical, professional nursing, surgical or x-ray services; prosthetic devices; drugs and medical supplies. The accident must be sustained as follows:

1. On an insured premises, by persons there with permission of an insured.

2. Away from an insured premises, but only if such accident:

a. Arises out of a condition at the insured premises.

b. Is caused by an insured, or by a person while performing duties as a residence employee of an insured.

c. Is caused by animals owned by, or in the care of, an insured.

B. The injured persons, and those acting on their behalf, are to provide all information and cooperation reasonably required by us in connection with the claim. This may include: submission of written proof (under oath, if required), submission to physical examination by physicians of our choice, and authorization for us to obtain medical records.

 Analysis

 This is the MDL 02 form which must be shown on the declarations with a limit in order for the coverage to apply. The MDL 01 is a separate endorsement designed for the combination dwelling program, and may be substituted for this coverage. The MDL 01 form is more restrictive and does not cover damage of property to others, liability assumed by the insured, liability for golf carts and certain other recreational vehicles, specific boats, or residence employees. A discussion of MDL 01 is in a separate article. Section II A is the main liability coverage and provides coverage for personal liability and medical payments to others. Personal liability coverage is provided for bodily injury or damage for which the insured is legally liable and is caused by an occurrence covered by this policy. Note that the insured must be legally obligated to pay damages; for example if the insured has an unsafe condition on the premises and fails to warn guests to be careful, the insured may be found legally liable for the injuries. Legal liability is not something that is determined by policy language; in questions of whether or not the insured is legally liable for an activity, and attorney should be consulted.

 Medical payments to others is a coverage for injuries that occur on or off the property as long as the injury is the result of a condition on the insured premises, is caused by an insured or resident employee, or by an animal owned by or in the care of an insured. Legal liability is not a factor here; just an accident on the premises or caused by the insured that caused injury to someone else.

 Regarding medical payments the injured parties are required to provide all information to the carrier and cooperate reasonably with them in connection with the claim. Written proof of the incident, submission to exams by physicians of the carrier's choice, and authorization for the carrier to obtain medical records are examples of cooperating with the carrier.

 Section II B—Supplemental Coverages

 1. DAMAGE TO A NONOWNED PREMISES COVERAGE

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