Agricultural Workers Mutual Auto Insurance Co. v. Baty

517 S.W.2d 901, 1974 Tex. App. LEXIS 2917
CourtCourt of Appeals of Texas
DecidedDecember 31, 1974
Docket796
StatusPublished
Cited by1 cases

This text of 517 S.W.2d 901 (Agricultural Workers Mutual Auto Insurance Co. v. Baty) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Agricultural Workers Mutual Auto Insurance Co. v. Baty, 517 S.W.2d 901, 1974 Tex. App. LEXIS 2917 (Tex. Ct. App. 1974).

Opinion

McKAY, Justice.

This is an action for damages under the uninsured motorist provisions of a Texas family automobile policy and also a claim under such policy for medical pay benefits. Trial was before the Court without a jury, and judgment was rendered for appellees for uninsured motorist benefits in the amount of $20,000, for medical pay benefits including penalty and interest of $1800, and for attorneys’ fees of $625 through the trial court and $1000 through the Court of Civil Appeals in connection with the medical pay claim.

Appellant issued a policy of insurance to Walter Haiold Baty, the named insured, which provided liability, medical pay and protection against uninsured motorist coverage on two automobiles belonging to Baty, such coverage being 10,000/20,000/5,000 on both

automobiles, and medical pay coverage being in the amount of $1000 for the first automobile and $500 for the second automobile.

Walter Harold Baty, Jr., the 13-year old minor son of the named insured, was a member of the household of his father.

On October 6, 1973, Walter Harold Baty, Jr. (hereinafter called Baty, Jr.), while riding a Honda motorcycle owned by him and registered in his own name, was struck by an automobile driven and owned by Randy Allen Martin on FM417 in Shelby County. At the time of the accident Martin was an uninsured motorist and the automobile he was driving was an uninsured automobile.

As a result of being struck by the uninsured automobile Baty, Jr. lost his entire left leg and left arm, suffered other severe injuries, and was damaged in excess of $20,000. Medical expenses were incurred in excess of $1500.

It was stipulated by all parties that the accident of 'October 6, 1973, between the automobile driven by Martin and the motorcycle on which Baty, Jr. was riding was proximately caused by the negligence of Martin, and that Baty, Jr. was in no way guilty of any act or omission proximately causing said accident or any damages re- *903 suiting therefrom. At the time of the accident Baty, Jr. did not have any license from the State of Texas or any other state for the operation of the motorcycle upon the public roads and highways of Texas.

By its first two points appellant contends that the trial court erred in rendering judgment for any amount for uninsured motorist benefits (1) because Baty, Jr., as a resident of the household of the named insured, was riding a motorcycle at the time of the accident, which motorcycle was owned by Baty, Jr., and it was not an insured vehicle under the policy; (2) because the motorcycle owned and operated by Baty, Jr. was excluded from the policies under the exclusions of Part IV.

Under the EXCLUSIONS portion of Part IV, Protection Against Uninsured Motorists, of the policy it is stated:

“EXCLUSIONS This policy does not apply under Part IV:
(a) 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 * * *.”

Endorsement No. 158K to the policy styled “Amendment of Family Protection Coverage, Protection Against Uninsured Motorists, and Insurance Against Uninsured Motorists” reads in part as follows:

“2. The term ‘uninsured automobile’* includes an automobile** with respect to which there is a bodily injury liability insurance policy applicable at the time of the accident but the company writing the same is or becomes insolvent. (Emphasis added.)
“ * The words ‘uninsured highway vehicle’ are substituted for ‘uninsured automobile.’
“ ** The words ‘a highway vehicle’ are substituted for ‘an automobile’ when this endorsement is used to amend Protection against Uninsured Motorists Insurance or Insurance Against Uninsured Motorists afforded under Standard Coverage Part.”

Appellant maintains that the amendment by endorsement 158K to Part IV of the policy was intended to exclude the factual situation presented here, and that the exclusion provision, as amended by 158K should read:

“This policy does not apply under Part IV:
(a) to bodily injury of an insured while occupying a highway vehicle (other than an insured highway vehicle) owned by the named insured or a relative, or through being struck by such a highway vehicle.”

Appellant argues that the insurance contract covered two automobile — a 1973 Oldsmobile and a 1971 Ford pickup, and a charge of $5.00 for the first vehicle and of $4.00 for the second vehicle was made for uninsured motorist 'benefits, and that the language in Endorsement 158IC eliminates coverage of the minor, Baty, Jr., while he was riding upon the public highways on a motorcycle owned by him.

Appellees say that in an insurance policy the word “motorcycle” is not synonymous with the word “automobile”, and that Endorsement 185K does not amend-Part IV in its entirety by substituting “a highway vehicle” for “automobile” each place that word appears in Part IV of the policy.

It seems to be settled that a motorcycle is not an automobile, and is not included in the generally accepted meaning of the word “automobile”. Texas Casualty Ins. Co. v. Wyble, 333 S.W.2d 668 (Tex.Civ.App.—San Antonio, 1960, no writ); Futrell v, Indiana Lumbermans Mutual Ins. Co., 471 S.W.2d 926 (Tex.Civ.App.—Houston 1st, 1971, no writ) ; The Members Mutual Ins. Co. v. Randolph, 477 S.W.2d 315 (Tex.Civ.App.—Houston 1st, 1972, writ ref’d, n. r. e.).

Neither appellant nor appellees cite us to a case construing the 158K Endorsement, *904 nor have we found one. The general rule of construction of contracts is that all parts of such contract are to be taken together, and the court shall give such meaning thereto as will carry out and effectuate the intention of the parties to the fullest extent. Royal Indemnity Co. v. Marshall, 388 S.W.2d 176 (Tex.1965). Insurance contracts are to be strictly construed against the insurer where the language of the contract is ambiguous or the policy terms are of doubtful meaning. Royal Ind. Co. v. Marshall, supra.

It is our opinion, looking at the contract under the “four corners” rule, that the 158K Endorsement language in Sec. 2 thereof with the changes by footnotes that the words “uninsured automobile” is to mean “uninsured highway vehicle,” and that “an automobile” is to mean “a highway vehicle” was not intended to substitute these terms throughout Part IV of the policy. Art. 5.06-1 of the Insurance Code, V.T.C.S., in Section (2) provides for protection in the event of the insolvency of an insurer, and says in part:

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517 S.W.2d 901, 1974 Tex. App. LEXIS 2917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agricultural-workers-mutual-auto-insurance-co-v-baty-texapp-1974.