Discussion: Supplementary Payments Discussion: Supplementary Payments ORDER

Discussion: Supplementary Payments

Discussion: Supplementary Payments

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  • SUBROGATION In the event of any payment under this policy, the company shall be subrogated to all of the insured’s rights of recovery therefore against any person or organization, and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights.
  • ASSIGNMENT The interest hereunder of any insured is not assignable.
  • CHANGES Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this policy or stop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy, signed by a duly authorized representative of this company
    • Limits of liability
    • Declarations
    • Deductibles
    • Exclusions
    • Reservation of rights
    • Covered injuries
    • Defense costs
    • Coverage conditions and supplementary payments
    • Did you have difficulty finding some of the sections? Would this be a policy that you would consider purchasing for your own liability coverage? Why or why not?
  • Read the case study presented at the end of Chapter 10 (Guido, p. 198)
  •  During an unexpected heat wave, the administrator of a nursing home decided against turning on the air conditioner, which resulted in the death of four of the residents of the home. One of the deceased resident’s daughters brought a lawsuit against the home for a wrongful death suit. She was awarded a judgment of $275,000. She then filed a second lawsuit against the nursing home’s insurance company to collect payment on the judgment.  The insurance company refused to pay, stating that the judgment underlying the lawsuit was professional liability and the insurance company did not cover the nursing home for professional judgment. The nursing home then filed a lawsuit against the insurance company for payment of this judgment.
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