Our insureds hit a deer that was crossing the road and as they were pulling over to stop, the insureds were rear-ended by another vehicle. The insureds had not come to a stop before being hit by the other vehicle. Would this be considered one occurrence? Or would it be a comp loss for the deer hit and then a collision loss for the other vehicle hitting the insured's vehicle, therefore a comp deductible for the front end damage and a collision deductible for the rear damage? There was about a five-second gap in impacts; not sure if this would be an unbroken chain of events or two distinct occurrences.
Wisconsin Subscriber
There are two separate occurrences. The hitting of the deer happened and then the rear-ending damage occurred, not from the deer but from another independent source. So we see two deductibles. Of course there are arguments for both sides of the question, but the bottom line is that the insured should get the benefit of any reasonable doubt when it comes to applying a deductible.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]