Is UM carrier entitled to offset based upon payments made under medical payments coverage?
Answer: whether the insurance company is entitled to credit against the UM for the med-pay depends on whether the injured insured is a named insured/household member or a person insured only as a person occupying an insured vehicle. If the injured insured is a named insured or household member, the insurance company is not entitled to credit. If, on the other hand the injured insured is insured only as a permissive occupant, the insurance company can take the credit, assuming the policy calls for it. The basis for this rule is 36 O.S. Sec. 6092, which permits subrogation of med-pay where the injured insured is a permissive occupant but not where the injured insured is a named insured or household member. See, Aetna Cas. and Sur. Co. v. State Board of Prop. & Cas. Rates, 1981 OK 153, 637 P.2d 1251.
Tue, August 25, 2009
by Sharon Coleman filed under