May 8, 2017
We insure a Condo Trust under a BOP. A condo unit owner was injured in a slip & fall in the condo parking lot. The BOP policy excludes Medical Expense coverage for "any insured". A Condo Association Coverage Charges endorsement is attached which expands the definition of Insured: "E. The following is added to Paragraph C. Who Is An Insured of the Businessowners Liability Coverage Form: 5. Each individual unit owner of the insured condominium, but only for liability arising out of the ownership, maintenance, or repair of that portion of the premises which is not reserved for that unit owner's exclusive use or occupancy". Does this make the injured condo unit owner an "insured" under the policy of the Condo Trust and hence excluded from the Med Expense coverage under the Trust's policy?
Massachusetts Subscriber
Yes, you have surmised correctly that the endorsement does indeed make the injured condo unit owner an "insured" under the policy of the Condo Trust and hence excluded from the Medical Expense coverage under the Trust's policy.
Liability coverage is third party coverage and does not provide first party coverage to the insured. The liability section of the BOP form provides coverage for liability sums that an insured is legally obligated to pay as a result of "bodily injury", "property damage", or "personal and advertising injury" to which the insurance applies. Under B. Exclusions, there is an exclusion in paragraph 2. Applicable To Medical Expenses Coverage excludes expenses for "bodily injury": a. To any insured, except "volunteer workers".
The Condo Association Coverage Changes endorsement adds that the condo unit-owner as an insured for liability covered by the policy, but the exclusion for medical expenses coverage to an insured would apply and no medical payments coverage would be available to the insured.
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