In September 2011, the Pennsylvania Superior Court issued a decision in a case in which the court had to interpret a "household exclusion" in an insurance policy. The court upheld the insurance company's exclusion, despite the injured man's arguments that the exclusion did not apply to him because he was not technically on the motorcycle when he sustained his injures in the Pennsylvania motorcycle accident.
Details of the Accident
In April 2009, Jacob Hymes was driving his Harley Davidson motorcycle when a driver in a Chevy Malibu collided with him. Hymes flew off his bike and landed 20 feet away from the scene of the motor vehicle accident, suffering severe injuries. The authorities determined that the driver of the Malibu was at fault in the accident, and Hymes recovered damages from that driver's insurer to the full extent of that driver's liability insurance policy. However, given the severity of Hymes' injuries, that money was not enough to cover his losses.
Hymes did not have underinsured motorist coverage on his insurance policy for his motorcycle, so he made a claim under his parents' underinsured motorist coverage. The insurer denied the claim, relying on the language in the policy that specifically excluded compensation for injuries that the named insured or anyone in the household suffered "while in, or, getting into or out of or when struck by a motor vehicle owned or leased by you or a resident relative which is not insured for underinsured motorist coverage under this policy."
Hymes disputed the insurance company's denial, claiming that it did not apply, since he was not on the motorcycle when he was injured - he was thrown off of it, causing the injuries.
The Court's Decision
The court agreed with the insurer, claiming that the court will not read meaning into an insurance policy so that the outcome is "absurd." The court will read words of "common usage" in an insurance policy in their "natural, plain and ordinary sense." The court could not conceive of any way that Hymes injuries were not a direct result of him being "on" the motorcycle and, as such, affirmed the insurer's exclusion.
Consult an Attorney
Even when policyholders religiously pay their premiums, insurance companies often fight paying when people are in accidents. If you have been in an accident and are having difficulties with an insurer, contact an experienced personal injury attorney who can help you recover for your injuries.
