In 2008 a commuter was struck and killed by an oncoming Amtrak train. A large part of the
commuter's body flew through the air and struck a bystander waiting for a different train,
causing injuries to her shoulder, wrist and leg.
Amazingly enough, the First Judicial District of the Illinois Court of Appeals has ruled that
the bystander may sue because her injuries were foreseeable and that the deceased owed
her a duty of care. That's right—your dead body owes a duty of care to passersby. A trial
judge had earlier ruled that the accident was not reasonably foreseeable and was tragically
bizarre, but the appeals court did not agree.
If we go along with the appeals court
that dead bodies owe a duty of care
to passersby if by some chance they
go flying through the air (certainly a
rare occurrence), is there coverage
under your basic homeowner’s policy?
Indeed there is. Under medical
payment to others, coverage applies to
a person off the insured location if the
injury is caused by the activities of an
insured. Certainly the flying of the
deceased insured's body can be seen as an activity. Merriam Webster online defines active as
the quality or state of being active; 2: vigorous or energetic action; or an active force. Certainly a
flying body is an active force. There is no exclusion in the policy for flying bodies, so there is
coverage.
So remember this in the event of a zombie apocalypse: Once you identify the zombie who causes
you injuries, you can file a claim for med pay against his homeowner’s policy.
How much med pay do you have on your policy? At Huff Insurance we can review your current
policy for proper protection for the unexpected!
Story provided by Christine G. Barlow, associate editor at FC&S Underwriters.