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Section D Clams and Two Examples of interplay with other Statutes and Legislation

Insurance policies and statutes provide for insurance claims to be brought forward in a variety of ways. Oftentimes, there are a plurality of claims happening at the same time. An insurer must identify the relationship between the claims with the view of reaching an efficient and effective resolution to the matter. This article discusses two interesting issues that occur in the context of a Section D claim under a standard automobile insurance policy. The first issue deals with the insured’s ability to use its SEF 44 endorsement in a claim against an unidentified driver. The second issue pertains to the subrogation of Section D claims by a workers’ compensation authority. Both of these issues are important for an insurer’s assessment of a Section D claim.

Section D provides for uninsured automobile coverage. In general, an insured is entitled to recover damages for bodily injuries caused by the driver of an uninsured or unidentified automobile. Section D claims are subject to a statutory limit.

The person bringing the Section D claim may also have SEF 44 endorsement coverage. SEF 44 is an excess insurance coverage that indemnifies insureds for shortfalls in the payment of damages against underinsured tortfeasors.