Personal Injury Protection (Continued from page 40)
cally-excluded driver operates a vehicle that is listed on the automobile policy for which he was excluded, regardless of whether they had the express or implied permission of the owner, then the driver will be denied PIP benefits. Passengers of the vehicle will be denied PIP coverage if they are the owner, the owner’s resident relatives, or the driver’s resident relatives. All other passengers will be denied PIP coverage unless PIP is not recoverable under another automobile-insurance policy.13
Who May Not
be Covered by PIP? Under Maryland Insurance Article §19-505(c)(1), an insurer
may exclude from PIP coverage someone who falls into one of these categories:
1. Someone who intentionally causes the motor-vehicle ac- cident resulting in the injury for which benefits are claimed may be excluded from coverage. 14
2. Someone who is a nonresident of Maryland, and is injured as a pedestrian in a motor-vehicle accident that occurs outside the state of Maryland may be excluded from cov- erage.15
Pedestrians injured in a car accident in Maryland
with a Maryland vehicle are entitled to recover PIP as well as Liability Bodily Injuries on the striking vehicle’s Mary- land automobile insurance policy unless the claimant/ pedestrian waived PIP.
3. Someone who is injured in a motor-vehicle accident while operating or voluntarily riding in a motor vehicle that the individual knows is stolen may be excluded from PIP coverage.16
4. Someone who is injured in a motor vehicle while commit- ting a felony or fleeing the police may be excluded from PIP coverage.17
5. The named insured or family member who resides in the named insured’s household may be excluded from PIP coverage for an injury that occurs while the named insured or family member is occupying an uninsured motor vehicle owned by the named insured or a resident relative.18
This
arises where there are three vehicles in a household but only one vehicle is insured. In Unsatisfied Claim & Judg- ment Fund of Maryland v. Hamilton, 259 A.2d 303 (Md. 1969), the claimant was injured while operating an unin- sured motor vehicle which the claimant owned himself. The claimant (and the estate acting on his behalf) could
13 Maryland Transportation Article §27-609 (c) (1-4). 14 Maryland Insurance Article §19-505(c)(1)(i)(1). 15 Maryland Insurance Article §19-505(c)(1)(i)(2). 16 Maryland Insurance Article §19-505(c)(1)(i)(3). 17 Maryland Insurance Article §19-505(c)(1)(i)(4). 18 Maryland Insurance Article §19-505(c)(1)(ii).
42 Trial Reporter Summer 2008
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76