Medical Payments Coverage and Trailers

Our PAP insured has a travel trailer that he pulls behind his pickup truck. Recently, he fell while getting out of the trailer, which was in a campground and still attached to the truck. The insurer is denying the claim for medical payments for our insured's injury, citing the exclusion for bodily injury sustained "while 'occupying' any vehicle located for use as a residence or premises." They state that the trailer, by being located in the camp ground, has achieved residence status, and therefore there is no coverage.

May we have your opinion?

California Subscriber

The purpose of the exclusion cited by the insurer is to preclude coverage for medical payments for residents of the large trailers usually located in mobile home parks, and not for the insured who simply uses the camper trailer to provide a comfortable means to enjoy camping or travel.

According the Webster's Collegiate Dictionary (Tenth Edition), a "residence" is "the place where one actually lives as distinguished from one's domicile or a place of temporary sojourn." The camper trailer is thus a place of temporary sojourn, and so the residence exclusion does not apply in this case.

Remember that the homeowners forms commonly exclude medical payments coverage for any person regularly residing on any part of the insured location. Therefore, the exclusion in the PAP for medical payments coverage while a vehicle is located for a residence echoes the homeowners intent, and that is to preclude health insurance coverage that properly should be obtained elsewhere.