Jennifer was on her way home from work. As Jennifer proceeded through a green light, another driver
Question:
Jennifer was on her way home from work. As Jennifer proceeded through a green light, another driver ran the red light and T-boned Jennifer's vehicle. As a result of the accident, Jennifer suffered two fractured wrists, which required surgical repair and left Jennifer immobilized for 6 weeks until the casts came off. The surgery also left her with a large scar on both wrists. She was disabled by her doctor from working, as her job requires her to lift heavy supplies. Although Jennifer is in physical therapy and regaining some of her mobility and strength, Jennifer has not been released to return to work. Jennifer is concerned that she will not be able to return to work as she did before so she has applied for social security disability benefits, but has not yet been approved. Jennifer is married, but has no children. Jennifer is a named insured under a policy of no-fault insurance issued by Allstate. Her husband has a policy of no-fault insurance issued by State Farm. Jennifer is not a named insured under her husband's policy. Jennifer's policy is coordinated as to medical, but not wage loss. Her husband's policy is uncoordinated. Jennifer has health insurance through her employer, which is a self-funded ERISA plan. She also has long and short-term disability policies.
- Which no-fault insurer will have priority for payment of Jennifer's PIP benefits? Explain your answer.
- Who will be primary for payment of Jennifer's medical expenses? Explain your answer and discuss any potential coordination/set off issues.
- Who will be primary for payment of Jennifer's wage loss benefits? Explain your answer and discuss any potential coordination/set off issues.
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill