Travel insurance trying to claim on my property insurance?

by John
(Alachua, Florida)

My wife's niece was visiting from the UK. She had taken out travel insurance in the UK for her trip. While here in the USA she fell in our home. It was an accident and she is not submitting any claim against us. Her travel insurance covered everything, including getting her home to the UK.

Out of the blue I received a letter from her insurance company's authorized claims administrator. They are seeking contribution from a "non liability medical payment benefit" that may be included in our property insurance coverage. They are asking us to submit this letter to our insurance company and to send all our insurance details to them (claims adjuster, claim number, etc.).

We ignored the first letter but have now received a second request. I know if we send this to our insurance and they do end up paying something, our insurance premiums will go up. We've had only one claim in over twenty years (due to a home break in) and our premiums went up considerably the next year.

We are not at fault for this incident and our niece will not make or support any claim. What can we do? Thank you.

Visitor Question:
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ANSWER for "Travel insurance trying to claim on my property insurance?":

John (Alachua, Florida):

It appears the travel insurance carrier is attempting to subrogate the claim. Subrogating basically means they paid the claim for your wife's niece's injuries and they want their money back from the homeowner's insurance or other property insurance you carry.

Without seeing the letter from the travel insurance carrier it is impossible for us to know exactly what they are basing their demand upon. Moreover, your insurance company may or may not have the provision for a "non liability medical payment."

In most cases, homeowners insurance covers injuries to visitors other than immediate family members. Under the MedPay provision, the injured person need not prove the homeowner was negligent; instead only that they were injured while on the property. It is unlikely your wife's niece would be considered excluded as an immediate family member.

Call your homeowner's insurance agent or your attorney and discuss the situation with him or her. The agent or attorney will be able to scrutinize your policy and its coverage and advise you whether or not you have any legal duties to the travel insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION