Decedent’s personal representative, Marie Nicholas, sought insurance benefits when the decedent was crushed while attempting to repair a vehicle. The trial judge found decedent was a “pedestrian,” thus entitled to coverage under the terms of his insurance policy, and awarded Nicholas benefits and attorney’s fees. We reverse the order under review.
The issue in this case is whether a policy labeled “ ‘365’ Travel Accident Insurance,” offered exclusively to members of the American Automobile Association, provided coverage for an auto mechanic working on his own car on a private lot, injured when the car slipped off its jack and crushed him. The instant policy was a single group accident insurance contract issued to the Association and offered to its Division and Club members on an optional basis. On the “ ‘365’ Travel Accident Insurance” policy was a diagram of a globe with various means of transportation circling the globe, i.e., a train, boat, car, bus and airplane.
The Definition of Injuries section of the policy provided for coverage for “... loss independently of sickness and all other causes,” provided such injuries fell under one of the listed modes of travel which included: 1. Scheduled Airline; 2. Common Carrier; 3. Automobile and Pedestrian.
The terms of an insurance policy must be construed to promote a reasonable practical and sensible interpretation consistent with the intent of the parties. United States Fire Ins. Co. v. Pruess,
While case law is clear that ambiguities must be construed against an insurer so as to find coverage, the rule applies only when a genuine inconsistency, uncertainty, or ambiguity in meaning remains after resort to the ordinary rules of construction; it does not allow courts to rewrite a contract, add meaning that is not present, or otherwise reach results contrary to the intentions of the parties. St. Paul Guardian Ins. Co. v. Canterbury School,
The term “pedestrian” from the Latin word pedester, means one who travels on foot. See Pilotte v. Aetna Cas. & Sur. Co.,
The law is clear that if one interpretation of an insurance policy viewed with other provisions of the policy and its general object and scope, would lead to an absurd conclusion, that interpretation must be abandoned and one consistent with reason and probability adopted. Travelers Indem. Co. v. Milgen Dev., Inc.,
We note a number of out-of-state cases advocate a broad meaning be given the term “pedestrian.” See MFA Mut. Ins. Co. v. Government Employees Ins. Co.,
Furthermore, a limitless definition of the term “pedestrian” has not been universally accepted. See Pilotte v. Aetna Cas. & Sur. Co.,
The trial court’s holding results in coverage for a man injured while working on his car in an empty lot. The man was not going anywhere, the car was not going anywhere. No matter how distressful the result, under the very specific facts of the instant case, we conclude that viewing the policy as a whole, its general object and scope, the word “pedestrian” and its placement in the policy, the decedent was not a pedestrian within the contract’s terms.
Accordingly, the order under review awarding benefits and fees is reversed.
Notes
. DEFINITION OF INJURIES
"Injuries” means accidental bodily injuries received while the Insured is insured under the policy which result in covered loss independently of sickness and all other causes, provided such injuries are sustained:
1. SCHEDULED AIRLINE. While, as a passenger and not as a pilot or crew member, the Insured is riding in, boarding or alighting from an aircraft operated on a regularly scheduled flight by: (a) a scheduled airline of United States registry holding a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board of the United States, (b) a scheduled airline of foreign registry holding a certificate, license or similar authorization for scheduled air transportation by the governmental authorities having jurisdiction for civil aviation in the country of registry or (c) a transport type aircraft operated by the Military Airlift Command of the United States, the Department of National De-fence (Canada), the Department of transport (Canada) or the Royal Air Force Air Support Command of Great Britain.
2. COMMON CARRIER. While as a passenger and not as an operator or member of the crew, the Insured is riding in, boarding or alighting from any public land or water conveyance provided by a common carrier primarily for passenger service.
3. AUTOMOBILE AND PEDESTRIAN, (a) While driving, riding in, boarding or alighting from any private passenger automobile or (b) by being struck while a pedestrian by any motor vehicle ordinarily operated on the public streets and highways. A "private passenger automobile” means an automobile not licensed to carry passengers for hire and which is of the pleasure type, including (1) self-propelled motorhomes and (2) trucks with a gross vehicle weight not in excess of 8,500 pounds.
