[Fredslist] Have you had an experience with this or know someone who has?

[Rubin, Jeff]

Hi Sherry,

Here is a reply from the head of our personal lines claims department. Hope it helps. Scott - thanks for jumping on this.

Example 1;
Two people in car accident (Car A).  There are 2 in car.  Driver and passenger.  Car B is determined to be cause.  In settling the case, they insist on getting the passenger's car insurance info from Car A or it will not be settled.  How can the passenger's car insurance have an impact here?

The passenger's insurance information should not make a difference in the settlement of the loss.  In New York, if the passenger is injured  in your vehicle, your insurance carrier is responsible for the passenger's medical bills under 'No Fault' insurance regardless of who caused the accident.  If the value of the injury exceeds the coverage under the insurance policy, a claim would be opened under the responsible driver's policy for anything not covered under No Fault.  For a simple accident with no injuries, the passenger's insurance information has nothing to do with the loss even if the passenger was driving your car with permission.

Example 2:
Child falls in someone's home on a ball he was playing with.  Parents think he may have concussion and take him to Emergency Room.  Medical insurance refusing to cover, they want the Homeowner's insurance from the owner of the home.

This kind of works in the same manner as the prior example.  A homeowner's policy should have Medical Payments coverage for accidents involving guests (no household members) regardless of who is liable for the injury.  This would serve as the primary layer of coverage and once exhausted, a letter would be generated by the homeowners insurance company that would be provided to the medical insurance company, making them the second layer of coverage.  The parents could always say it happened in the home, which would mean the medical insurance would have to respond to the loss, but hospitals and doctors ask very detailed questions these days about injuries to children (they are looking for signs of neglect and/or abuse).



SCOTT J. CONGIUSTI
ASSISTANT VICE PRESIDENT  |  PERSONAL INSURANCE CLAIMS
HUB INTERNATIONAL NORTHEAST LIMITED
OFFICE: (908) 790-6815  |  CELL: (201) 446-2669  |  FAX: (917) 934-4581
E-MAIL: SCOTT.CONGIUSTI at HUBINTERNATIONAL.COM<mailto:SCOTT.CONGIUSTI at HUBINTERNATIONAL.COM>


Thanks,

Jeff

Jeffrey L. Rubin
Senior Vice President & CT Branch Manager
HUB International Northeast - Insurance Brokers

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777 Commerce Drive          1065 Avenue of the Americas
Fairfield, CT 06825             New York, N.Y. 10018
p: 203-337-1872                  p: 212-338-2880
f:  917-934-9411                  f: 917-934-9411

email: jeff.rubin at hubinternational.com
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From: fredslist-bounces at gothamnetworking.com [mailto:fredslist-bounces at gothamnetworking.com] On Behalf Of Sherry Rivera
Sent: Wednesday, October 30, 2013 10:08 PM
To: Fredslist
Subject: [Fredslist] Have you had an experience with this or know someone who has?

I am trying to determine if there is a new trend in the way Insurance companies are operating and what we need to know about it.

Example 1;
Two people in car accident (Car A).  There are 2 in car.  Driver and passenger.  Car B is determined to be cause.  In settling the case, they insist on getting the passenger's car insurance info from Car A or it will not be settled.  How can the passenger's car insurance have an impact here?

Example 2:
Child falls in someone's home on a ball he was playing with.  Parents think he may have concussion and take him to Emergency Room.  Medical insurance refusing to cover, they want the Homeowner's insurance from the owner of the home.

Know anything about this "trend", I would appreciate your input.

--
Sherry Rivera
LEED Green Associate
ENVIRRON
NYC and NY State WBE Certified
Financing for Commercial Real Estate
Supplier of Commercial & Industrial Construction, Building & Maintenance Materials
Indoor Air Quality, Energy Efficiency, Sustainability
100 North Village Avenue Suite 21
Rockville Centre, NY 11570
516 458-5384 Mobile
516 594-1400 Office
sherryrivera1 at gmail.com<mailto:sherryrivera1 at gmail.com>


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