Connecticut Administrative Code
Title 38a - Insurance Department
334 - Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles
Section 38a-334-7 - Minimum provisions for medical payments
Universal Citation: CT Reg of State Agencies 38a-334-7
Current through September 9, 2024
(a) Coverage. The insurer may undertake to pay reasonable medical expense incurred within one year from the date of the accident for persons who sustain bodily injury while occupying a motor vehicle designated as the subject of the coverage by specific description or appropriate reference.
(b) Exclusions. The insurer's obligation to pay may be made inapplicable:
(1) To injury to any person while he is
employed or otherwise engaged in the business or occupation of selling,
servicing, repairing, parking or storing motor vehicles;
(2) to injury resulting from insurrection,
rebellion, revolution or war;
(3)
to employees of any insured injured in the course of their
employment;
(4) to the use of a
motor vehicle as a public or livery conveyance or while located for use as a
residence or premises;
(5) to
bodily injury resulting from the radioactive, toxic, explosive or other
hazardous properties of source, special nuclear or byproduct material, each as
defined in the Atomic Energy Act of 1954, as amended;
(6) to injury arising out of the use of
(i) a farm-type tractor or other equipment
designed for use principally off public roads, while not upon public
roads,
(ii) a vehicle operated on
rails or crawlertreads, or
(iii) a
vehicle while located for use as a residence or premises.
(c) Non-duplicating provisions.
(1) The insurer may provide
for proration of benefits with other motor vehicle medical payments insurance
but for policies effective on or after November 1, 2000, coverage provided
pursuant to this section shall be primary over any amount of other health
insurance as defined in section
38a-469 of the
General Statutes, or any other health coverage, including but not limited to
employee welfare plans subject to the Federal Employee Retirement Income
Security Act of 1974,
29 U.S.C. section
1001, et seq., health care plans provided by
collectively bargained arrangements, health care plans provided for employees
of the United States government and their dependents, part A or part B of Title
XVIII of the Social Security Act, Title XIX of the Social Security Act, medical
care programs of the Indian Health Service or of a tribal organization and
policies issued by the Health Reinsurance Organization;
(2) a provision offsetting the amount paid
for medical expenses against any amount payable under the bodily injury
liability coverage of the policy may be included;
(3) a provision for subrogation or a lien
upon any recovery from a person legally responsible for the injury may be
included;
(4) the insurance may be
written subject to a deductible stated as a dollar amount provided an
appropriate reduction in the rate shall be made in the premium structure;
and
(5) in no event shall the total
amount of recovery for medical expenses from all sources exceed the total of
the insured's medical expenses for bodily injury sustained while occupying a
motor vehicle.
History note reading "Amended, effective November 1, 2000" edited to standard format "Amended November 1, 2000" (February 18, 2015)
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