This suit invоlves an interpretation of the liability provisions of an insurance contract where the insured, on a borrowed, uninsured motorсycle, struck and injured a pedestrian, David Randow. The insured, Randall C. Montalbano, borrowed the motorcycle from Ronnie Saurage. Montalbano had a policy of liability insurance with Ameri
This appeal arises from a judgment in the trial court sustaining American Southern’s motion for summary judgment. We affirm.
The policy in question sets forth the following definitions:
“INSURING AGREEMENTS
“I. Coverage A — Bodily Injury Liability: To pay on behalf of the insured all sums which the insured shаll become legally obligated to pay as damages because of bodily injury, sickness or disease, including death at any time rеsulting therefrom, sustained by any person, caused by accident and arising out of the ownership, maintenance or use of the autоmobile.
* * * * * *
IV. Automobile Defined, Trailers, Private Passenger Automobile, Two or More Automobiles, Including Automatic Insurance:
“(a) Automobile. Except with respect to division 2 of coverage C and except where stated to the contrary, the word ‘automobile’ means:
(1) Described Automobile — * * *
(2) Trailer — * * *
(3) Temporary Substitute Automobile
(4) Newly Acquired Automobile— * *
Appellant also relies on Section V of the policy which in general relates to use of “any other automоbile” subject to certain exceptions which are not pertinent here.
Appellant contends that a motorcyclе is a vehicle within the purview of R.S. 22:6(3) which provides:
“(3) Vehicle. Insurance against loss or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, and against any loss or liability resulting from or incident to ownership, maintenance, or use of any such vehicle or airсraft or animal.
Insurance against accidental death or accidental injury to individuals including the named insured while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if such insurance is issued as part of insurance on the vehicle, aircraft, or draft or riding animal, shall be deemed to be vehicle insurance.”
and reasons that the term “motor vehicle” in the above statute encompasses a motorcycle because it is operated by power developed within itself and is used for the purpose of carrying passengers and material. Thus, he concludes that under the broad prоvisions of the policy (“Insuring Agreements,” I and IV, above), liability coverage should be afforded in the premises. He further argues that, failing to obtain such an interpretation, the policy itself is ambiguous and should be construed more strongly against the insurer as the author of thе contract. Atlas Lubricant Corporation v. Federal Insurance Co. of New Jersey,
Throughout its provisions defining coverage to be included under the policy, the policy refers to “automobile” without specifically including or excluding two-wheeled motоrcycles. Defendant American Southern did expand coverage to include vehicles which are not usually considered аs automobiles according to the popular understanding of the term by including trailers and semi-trailers within the policy’s provisions. Howеver, to maintain, as plaintiff suggests, that this specific inclusion necessarily leads to the inclusion of other vehicles riding on two wheеls and which are not usually included within the definition of “automobile”, such as motorcycles, is an improper and unwarranted expansion of the term.
In Labove v. Traders & General Insurance Co.,
“. . . from a reading of the policy as a whole this Court finds no ambiguity as to whether the policy would afford protection arising out of the operation of an automobile as opposed to a motorcycle. We believe it would do violence to reason and the ordinary acceptation of the meaning of words to extend the provisions of this policy to motorcycles, where it was obviously intended to cover automobiles. * * *”
Labove was followed in Gremillion v. State Farm Mutual Automobile Insurance Co.,
Accordingly, for the above reasons, the judgment of the district court is affirmed at appellant’s costs.
AFFIRMED.
