Travelers Indem. Co. v. Watson

• Decision Date: 28 January 1965
• Docket Number: No. 41019,No. 1,41019,1
• Citation: 140 S.E.2d 505,111 Ga.App. 98
• Parties: TRAVELERS INDEMNITY COMPANY v. William A. WATSON
• Court: Georgia Court of Appeals

Page 505

140 S.E.2d 505

111 Ga.App. 98

TRAVELERS INDEMNITY COMPANY v. William A. WATSON.

No. 41019.

Court of Appeals of Georgia, Division No. 1.

Jan. 28, 1965.

Syllabus by the Court

Construing the insurance contract as a whole in ascertaining the intention of the parties, the policy is construed to provide medical payments in different amounts as to each of the two automobiles insured in the single policy, and to mean that the plaintiff would be entitled to the combined medical payments provided in the policy, actually incurred, up to the maximum of $2,500. The provisions of the policy are accident insurance provisions as to medical expenses actually incurred up to the amount of $2,500, since the policy did not except or exclude injuries to plaintiff's wife while occupying one of the automobiles insured.

William Albert Watson, the plaintiff below, brought his action against The Travelers Indemnity Company on a policy of insurance denominated a 'family automobile policy.' The policy provided: 'The insurance afforded is only with respect to such of the following coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.' Part I provided coverage for bodily injury and property damage; and Part II covered expenses for medical services. The suit was for $1804.89 for medical expenses incurred as a result of the injury of plaintiff's wife while she occupied the Plymouth automobile insured while being operated by her husband, the assured. When originally issued, three automobiles were named in the policy as belonging to the assured, William Albert Watson, but one vehicle, a 1953 Ford pickup, was eliminated by endorsement with the consent of the assured, and the policy was continued in force covering No. 1, 1959 Plymouth, and No. 3, 1960 Pontiac.

Under Schedule No. 4305, made a part of the policy, the 'Limits of Liability' were fixed as follows:

                'Automobile No.  Coverage                          Limits of Liability
                                                               Each Person  Each Occurrence
                                              Single Limit
                                 ----------------------------  -----------  ---------------
                1                A. Liability Bodily Injury        $10,000         $ 20,000
                                              Property Damage                         5,000
                                 ----------------------------  -----------  ---------------
                                 B. Medical Payments                   500
                ---------------------------------------------------------------------------
                  'Automobile    Coverage                          Limits of Liability
                      No.                                      Each Person  Each Occurrence
                                              Single Limit
                                 ----------------------------  -----------  ---------------
                3                A. Liability Bodily Injury        $50,000         $100,000
                                              Property Damage                         5,000
                                 ----------------------------  -----------  ---------------
                                 B. Medical Payments                 2,000
                

(The automobile number indicated above identifies the automobile similarly numbered elsewhere in the policy.) The limit of liability stated above as applying to a particular automobile also apply to any automobile which replaces or is used as a temporary substitute for such automobile.'

The obligation of the company with respect to medical expense coverage is stated in the policy as follows:

'PART II--EXPENSES FOR MEDICAL SERVICES

'Coverage B--Medical Payments

'To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, X-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services:

'Division 1. To or for the named insured and each relative who sustains bodily injury, caused by accident, while occupying or through being struck by an automobile;

'Division 2. To or for any other person who sustains bodily injury, caused by accident, while occupying (a) the owned automobile, while being used by the named insured, by any resident of the same household or by any other person with the permission of the named insured; (b) a nonowned automobile, if the bodily injury results from (1) its operation or occupancy by the named insured or its operation on his behalf by his private chauffeur or domestic servant or (2) its operation or occupancy by a relative, provided it is a private passenger automobile or trailer.'

Under Definitions in Part I and Part II are the following provisions:

'Definitions--'named insured' means any individual named in Item 1 of the declarations and also includes his spouse, if a resident of the same household; 'owned automobile' means a private passenger, farm or utility automobile or trailer owned by the named insured, and concludes a temporary substitute automobile.'

Under 'Conditions' in the policy are the following provisions: 'Two or More Automobiles. When two or more automobiles are insured hereunder, the terms of this policy shall apply separately to each, but an automobile and a trailer attached thereto shall be held to be one automobile as respects limits of liability under Part I of this policy, and separate automobiles under Part V of this policy, including any deductible provisions applicable thereto.

'Limit of Liability. The limit of liability for medical payments stated in the declarations as applicable to 'each person' is the limit of the company's liability for all expenses incurred by or on behalf of each person who sustains bodily injury as the result of any one accident.'

The policy further provides under Exclusions under Part II as follows:

'Exclusions--This policy does not apply under Part II to bodily injury * * * (b) sustained by the named insured or a relative (1) while occupying an automobile owned by or furnished for the regular use of either the named insured or any relative, other than an automobile defined herein as an 'owned automobile,' or (2) while occupying or through being struck by (i) a farm type tractor or other equipment designed for use principally off public roads, while not upon public roads, or (ii) a vehicle operated on rails or crawlertreads.'

The Pleadings--The plaintiff's petition has attached thereto a copy of the policy of insurance and the petitioner alleges that after the Ford pickup truck was eliminated from the policy by an amendment endorsement, the limits for medical payment under said policy was $500 for the Plymouth automobile and $2,000 for the Pontiac automobile, 'thereby making a total limit of liability for medical payments in the sum of $2500.00.' The suit then alleges that the plaintiff and his wife were involved in an accident while operating the Plymouth...