Med Pay Coverage and a Fall on Adjacent Property

February 4, 2010

We use the following med pay language in our general liability policy: We will pay medical expenses as described below for bodily injury caused by an accident on premises you own or rent, on ways next to premises you own or rent, or because of your operations.

So, if a claimant falls on his way to the insured's property, falls where the property is not owned or maintained by the insured but is adjacent to the insured's building (and on a path to the insured's building), would the med pay coverage be applicable to acclaim?

Iowa Subscriber

Since your policy language specifically notes “on ways next to premises you own or rent”, the med pay coverage is applicable as long as none of the exclusions apply. “Adjacent to” means the same as “next to” in the opinion of FC&S and the standard dictionary.