Stacking of Medical Payments Limits under the Family Automobile Policy

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Authors

Sloma, Dorothy D.

Issue Date

1976

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9

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Journal Article

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INTRODUCTION|Four types of coverage are provided by a typical automobile liability policy: liability coverage, medical payments coverage, collision coverage and uninsured motorist coverage. Medical payments coverage provides payment to the named insured and his relatives for reasonable medical expenses incurred in connection with an accident covered by the policy. The medical payments coverage, which is a contract divisible and separate from the liability coverage, is absolute agreement to pay the medical expenses of the named insured regardless of fault in causing the accident. When the medical expenses of a covered individual exceed the policy limit, some courts deny recovery of the excess. A majority of courts, however, favor recovery by allowing "stacking." Stacking is the aggregation of the limits of medical payments coverage when the insured owns two or more automobiles insured under a single Family Automobile Liability Policy."...

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9 Creighton L. Rev. 402 (1975-1976)

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Creighton University School of Law

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