The Virginia Supreme Court recently ruled that a gentleman who pled guilty to Reckless Driving could not get the “medical benefit” payments on his automobile policy. Pleading guilty equated to an admission that he did something illegal, i.e., driving recklessly, a Class 1 Misdemeanor. The insurance policy stated that it did not cover losses resulting from the covered person committing an illegal act.

While most individuals, and even most lawyers, generally believe that the medical payment provisions of a policy cover the insured and any passengers regardless of fault, this case makes clear that in order to assure coverage, if you are charged and go to traffic court, plead “not guilty”.

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