NY Vol Firefigter Denied On Duty Injury Coverage

[Guest]

FD's Insurance company is denying the claim....saying it covers the department not the firefighters. This is near Rochester, NY.

A Wayne County volunteer firefighter, who was hit by a car while doing traffic control for another accident, is being denied medical coverage by the fire department’s insurance provider.

Jim Gallaher is a former chief of the Lincoln Fire Department, in Wayne County.

He's been a volunteer for 30 years. In February he was nearly killed in a hit and run accident while on the job. The suspect has still not been found. Now the insurance company is refusing to pay for his pain and suffering.

Gallaher still wears a cast on his leg. He has constant headaches, memory loss and he can't drive anymore. In his words, his quality of life is down the tubes.

“The thing is I can't do stuff myself, I’ve got to rely on my friends, neighbors, relatives to do everything for me,†said Gallaher.

It all began in late February. A car hit Gallaher as he was diverting traffic from another accident. He woke up hours later at Strong Memorial Hospital. Now, the fire department's insurance provider has denied his claim.

Gallaher's lawyer, Tony DiNitto showed NEWS 10NBC the insurance company's denial. It said because Gallaher was not physically in a department car and because his name is not specifically listed on the policy, he is not considered covered.

The case has far reaching implications for all volunteer firefighters whose names may not appear on their department's insurance policy.

Gallaher has contacted State Senator Mike Nozzolio about the problem, but a lawsuit may be next. “It doesn't make any sense so that's why we're trying to look into it, but they're not budging. They say tough. I'm not a member even though I am a member. It doesn't make any sense,†said Gallaher.

NEWS 10NBC called the insurance company, Utica National. The company said it does not comment publicly on its claims. In its denial, Utica National said the policy in this hit and run case covers the fire department but not the firefighters. Jim Gallaher says the firefighters are the department.

http://www.wroctv.com/news/local.asp

Edited May 11, 2006 by EM2FD

[ex-commish 490]

FD's Insurance company is denying the claim....saying it covers the department not the firefighters. This is near Rochester, NY.

←

What about VFBL?

[xfirefighter484x 234]

I know that some companies claim the "assumption of risk doctrine", which allows them to basically pansy out, and say "you are doing dangerous work, you will.may get hurt, and you accept that fact", but I mean come on! So long as this gentleman was not doing anything stupid or negligent which led to him getting whacked, I do not see why he does not get coverage. (Flashbacks to my Legal Aspects in the Fire Service class this last semester ).

Guess its time to revise that insurance policy a little bit.

And maybe break a few kneecaps

[Guest]

What about VFBL?

←

Man is it really worth it to volunteer this day and age? Things like this make me think about that a llot....

[EJS1810 7]

Utica National, I thinks thats the one with the Corperate Officers who are all firefightetrs according to thier adds right?

[TRUCK6018 50]

According to an article on Firehouse.com, he is receiving "workers compensation" for the time being. I would imagine it's VFBL that is covering him.

Would it be proper for a secondary carrier (auto insurance) to also cover him? If you're on duty, it's workers comp that covers you. They pay whatever the weekly entitlement is plus any settlement should there be permanent injury, in addition to medical expenses. If there was any secondary insurance, payment would have to go back to comp before the claimant sees anything extra.

[bmfd231 3]

According to an article on Firehouse.com, he is receiving "workers compensation" for the time being.  I would imagine it's VFBL that is covering him. 

Would it be proper for a secondary carrier (auto insurance) to also cover him?  If you're on duty, it's workers comp that covers you.  They pay whatever the weekly entitlement is plus any settlement should there be permanent injury, in addition to medical expenses.  If there was any secondary insurance, payment would have to go back to comp before the claimant sees anything extra.

←

None of the articles really state what type of insurance Utica is providing. Clearly he is receiving Workers Comp, but it is not clear what insurance he is going after. It sounds to me that this policy is an vehicle policy, since the are requiring that he be in the vehicle. If that is the case, I don't see how he can apply for that insurance because it did not involve the apparatus. I do not believe if NY's no fault kicks in this case, but you never know what a good lawyer can do