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Insurance
Polices - Know your limits
Published 01/18/07
An
insurance policy is a contract between the insurance company and
the insured. Under this contract, an insurance carrier will agree
to pay money to the insured in the event of a covered loss. A covered
loss is a loss that the insurance carrier has agreed to protect
the insured against in the event of its occurrence.
For
example, in an automobile policy there are many "covered losses"
that the insurance policy may protect against. For example, if there
is a line of coverage known as "collision coverage," the insurance
carrier will pay to repair the damage done to your vehicle in the
event it is involved in an accident. Automobile policies may also
carry coverage known as medical payments. This coverage will reimburse
a passenger or driver of the vehicle for medical bills they have
incurred if they are injured in an accident.
There
are two very important things to remember when reading an insurance
policy. The first is to clearly identify what covered losses are
part of the policy. Remember, an insurance carrier has no obligation
to provide coverage for a loss that is not covered. One of the most
frequently excluded areas are claims that allege an intentional
act.
For
example, an insured owns a homeowners insurance policy. The insured
gets into a fight with a visitor and injures the person. The visitor
brings a lawsuit against the homeowner claiming he intentionally
injured the visitor. If the insurance policy has exclusion for intentional
acts, there will be no coverage for this loss.
The
second area that must be read carefully is the limit of coverage.
The limit of coverage is the maximum dollar amount the insurance
carrier will pay in the event of a loss. For example, an automobile
insurance policy may have medical payments coverage of $1,000.00.
This means the insurance policy will pay up to $1,000.00 for medical
bills sustained by a driver or passenger in the event of an accident.
There
is no obligation to pay for medical bills beyond the $1,000.00 limit.
You may also see in an automobile policy a section for liability
coverage that reads, for example, $100,000.00/$300,000.00. This
means that the event the insured causes an accident, the insurance
carrier will pay $100,000.00 for each injured person or $300,000.00
maximum for that accident, whichever is less.
As
stated above, insurance policies are contracts. When a person purchases
an insurance policy they are assumed to have at least read the policy
on a "more than casual basis". Merely because the insured was unaware
that a term or condition was part of the policy or failed to read
that term or provision, will not invalidate it.
If you have any doubts as to the scope of coverage or limits of
coverage of any insurance policy that you own, you should speak
with an insurance professional or an attorney.
Andrew
J. Piela is an associate attorney at Hamblett & Kerrigan, P.A.
His legal practice includes civil litigation, family law, land use
litigation and probate. You can reach Attorney Piela by e-mail at:
apiela@hamker.com
This information is general
information and may not reflect the most current legal developments,
verdicts or settlements. The information provided should not
be relied upon as an indication of the actual state of the
law or of future developments. The information contained on
the Hamblett & Kerrigan website is for informational purposes
only and does not constitute legal advice. If the information
referenced may be of legal importance to you, you should consult
with an attorney to provide you with legal guidance and opinion
as the the effect of the current law upon your situation. |