What would the distinction be between this insured getting ejected from his bike and then, while in shock, walking in the middle of this highway versus getting thrown unconscious into the path of traffic? I agree with the Pedestrian designation, the separation of claims, and that the carrier should have paid the claim to begin with. I can’t believe we would try to equate a forced ejection from an excluded vehicle with the act of “getting out of.” Deny any direct losses resulting from the intial collision and let the policy react to the subsequent death.
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What would the distinction be between this insured getting ejected from his bike and then, while in shock, walking in the middle of this highway versus getting thrown unconscious into the path of traffic? I agree with the Pedestrian designation, the separation of claims, and that the carrier should have paid the claim to begin with. I can’t believe we would try to equate a forced ejection from an excluded vehicle with the act of “getting out of.” Deny any direct losses resulting from the intial collision and let the policy react to the subsequent death.