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Is there ever a med pay deductible on a homeowners policy?

Is there ever a...

Is there ever a med pay deductible on a homeowners policy?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No they refuse to and said they had a deductible

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Answered in 1 minute by:
12/31/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,317
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. If I understand you correctly, there was a claim that included med pay, but they're saying they must meet their deductible before the med pay is paid out to them, correct?

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Customer reply replied 4 months ago
Correct and that their premium will go up so they will not file a claim for us

I see.

This appears to be a classic breach of contract because med pay coverage typically requires no deductible and no co-pay for it to be paid out, so long as there is a legitimate medical claim. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach which could include the specific performance by the insurance company to honor the medical payments. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
When you say typically are their some companies that do have a med pay deductible?

In my experience, there has never been a company that requires a deductible; however, because there are tens of thousands of companies, I cannot say that every company doesn't require it, but it's a strong probability that what the insurance company is doing is not allowed in the policy and it is certainly not consistent with what every other insurance company I know does. Did you have any other questions for me?

Legal Eagle
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Category: Legal
Satisfied Customers: 11,317
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Customer reply replied 4 months ago
No Thank you

You bet. Thanks so much!

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Legal Eagle
Legal Eagle, Lawyer
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