Supplementary Payments and
the Personal Auto Policy

I have an insured that was driving home and hit a public service pole. He was cited for DUI. The insured sent a copy of the citation and a receipt for the bail bond he had to pay to the insurer. There was no problem in paying for the damage to the pole, but the insurer balked at paying for the bail bond because of the DUI. I believe that the supplementary payments part of the auto policy requires the insurer to pay for the bail bond. What do you think?

Nebraska Subscriber

We agree with you. As part of the supplementary payments, the insurer agrees to pay up to $250 for the cost of bail bonds required because of an accident. The accident must result in bodily injury or property damage covered under the policy. This accident caused property damage for which the insured was legally responsible, and which the insurer has already paid. There is no wording in the supplementary payments part of the policy that precludes payment because the insured was driving while intoxicated.

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