Cancellation of Debt and Medical Expense Coverage

 

January 5, 2015

 

Our Insured has a homeowners policy (HO 3 10 00) with Med pay coverage. The policy states, “We will pay the necessary medical expenses that are incurred or medically ascertained within three year.” The claimant lost control of a chainsaw while helping our insured. The claimant had about $2,500 in emergency room expenses. The claimant was given a charity write off of the expenses and does not have to pay them. Should these expenses be considered incurred? The policy does not define “incurred,” and Black's Law Dictionary does not seem helpful. Your thoughts on the carrier's obligation would be appreciated. (The charity write off is from a private hospital and to our knowledge has nothing to do with any government payments. It was simply a need-based forgiveness of the debt.

Virginia Subscriber

If the hospital wrote off the debt, then the claimant incurred no expense. If funds were due to the hospital then a claim could be made and paid; since the claimant does not owe the hospital any money, he has not incurred any expense. Merriam-Webster Online defines “incur” as “to become liable or subject to: bring down upon oneself .” The claimant cannot collect $2,500 and keep it, which is what it sounds like he is trying to do.