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Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies

By Chet A. Kronenberg

Medical payments (“med pay”) coverage is a part of many commercial premises liability policies. Typically, med pay covers reasonable medical expenses, regardless of fault, up to a specified limit (usually between $1,000 and $10,000) if someone is hurt on the policyholder's premises.

Med pay coverage is usually purchased for good will purposes. It is hoped that if an injured person's medical expenses are paid, it will deter the injured person from instituting a lawsuit. To illustrate: Suppose a customer slips and falls while shopping at a store and incurs medical expenses. Because med pay coverage is applicable regardless of fault, the store can arrange for its customer's medical expenses to be paid under the med pay provisions in the store's liability policy. This way, through its show of good will, the store can avoid an acrimonious exchange with the customer ' or a lawsuit ' concerning whether the slip and fall was the store's fault.

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