Weaver v. Michigan Mut. Liability Co.
| Decision Date | 22 April 1971 |
| Docket Number | No. 1,Docket No. 9272,1 |
| Parties | Douglas Wayne WEAVER, Plaintiff-Appellee, and James M. Hare, Secretary of State, State of Michigan, Director, Motor Vehicle Accident Claims Fund, Intervening Plaintiff-Appellee, v. MICHIGAN MUTUAL LIABILITY COMPANY, a Michigan corporation, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Jack D. Rowe, Martin, Bohall, Joselyn, Halsey & Rowe, P.C., Detroit, for defendant-appellant.
Millar, Weinberg, Necker & Johnson, Wayne, for Weaver.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Wallace D. Riley, Special Asst. Atty. Gen., Detroit, for Secretary of State.
Before DANHOF, P.J., and HOLBROOK and BRONSON, JJ.
Plaintiff brought this action seeking a declaratory judgment interpreting the uninsured motorist provision (Part IV) of an insurance policy issued by the defendant. The Secretary of State, representing the Motor Vehicle Accident Claims Fund, intervened as a plaintiff.
The plaintiff purchased a motorcycle and while operating it was injured by an uninsured motorist. The uninsured motorist provision in the policy contains the following exclusion:
'to bodily injury to an insured while occupying an automobile (other than an insured automobile) owned by the named insured or a relative, or through being struck by such an automobile'.
The motorcycle was not insured under the policy, and therefore, if a motorcycle is an automobile the exclusion applies and the defendant is not liable. On the other hand, if a motorcycle is not an automobile the exclusion does not apply and the defendant is liable. The trial court held that as the term is used in Part IV of this policy a motorcycle is not an automobile. We agree with the trial court.
In construing insurance policies we must give weight to the ordinary meaning of words and attempt to avoid strained interpretations. Edgar's Warehouse, Inc., v. United States Fidelity & Guaranty Company (1965), 375 Mich. 598, 134 N.W.2d 746; Huron Bowl, Inc., v. Security Insurance Company of New Haven (1968), 14 Mich.App. 62, 165 N.W.2d 265. We conclude that in its everyday usage the term 'automobile' does not include a motorcycle. See Webster's Third International Dictionary.
The ordinary meaning of a word may be varied by the context in which it is used or by being specifically defined. After a careful examination of the policy we believe that if there was an intent to give an unusual meaning to the term 'automobile' the policy does not clearly disclose that intent.
The term 'automobile' is defined in Part V of the policy as follows:
'With respect to the coverage afforded by this part, the word 'automobile' means a land motor vehicle, trailer or semi-trailer, not operated on rails or crawler treads, But does not mean a motorcycle or, except while actually upon public roads, a farm type tractor or equipment designed for use principally off public roads.' (Emphasis added)
In Part I of the policy the term 'owned automobile' is defined as follows:
'a private passenger, farm or utility automobile described in this policy for which a specific premium charge indicates that coverage is afforded.'
The three types of automobile contained in the term 'owned automobile' are also defined in Part I:
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