Turcotte v. Foremost Ins. Co.
| Decision Date | 07 June 1983 |
| Citation | 460 A.2d 1369 |
| Parties | Conrad R. TURCOTTE v. FOREMOST INSURANCE COMPANY. |
| Court | Maine Supreme Court |
Rocheleau, Fournier & Lebel, P.A., Ronald P. Lebel (orally), Lewiston, for plaintiff.
Berman, Simmons, Laskoff & Goldberg, Gary Goldberg, Jeffrey Rosenblatt (orally), Lewiston, for defendant.
Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER, and WATHEN, JJ.
On May 19, 1978, plaintiff Conrad Turcotte was a guest passenger on a motorcycle owned and operated by Gary McKay. On that date, the motorcycle collided with an automobile, resulting in injuries to Turcotte and death to McKay. Alleging negligent operation of the motorcycle by McKay, Turcotte sued McKay's estate and succeeded in obtaining a judgment of $113,358.41. At the time of the accident, McKay's motorcycle had been insured under an automobile liability policy issued by Foremost Insurance Company (Foremost). Turcotte brought the present action against Foremost to recover, under either the basic liability or the uninsured motorist coverage of that policy, his outstanding judgment against McKay's estate. The Superior Court (Androscoggin County) ordered summary judgment for defendant Foremost, holding that neither coverage was available to Turcotte. We now deny Turcotte's appeal from that summary judgment.
The policy issued to McKay by Foremost provided that the insurance did not apply to injuries to guest passengers "unless Guest Passenger Liability coverage is afforded by the policy." Turcotte concedes that no premium was paid for guest passenger coverage. On the face of McKay's policy, there appeared boxes with entries for amounts of various types of coverage, with amount of premium paid for the coverage, but the "Guest Passenger Liability" box was blank. The absence of any entry in the space on the face of the policy marked "Guest Passenger Liability" demonstrates not only that no premium charge was made for such coverage, but that in fact no such coverage was provided in the policy. That being the case, Turcotte, as a guest passenger, cannot recover under the basic liability coverage of the policy.
Turcotte also cannot recover under the uninsured motorist coverage of the policy issued to McKay by Foremost. That policy provided coverage for injuries to an "insured" resulting from the actions of the owner or operator of an "uninsured highway vehicle." 1 Thus, Turcotte can avail himself of the uninsured motorist coverage only if under the terms of the policy he was an "insured" and McKay's...
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