Legal Question in Insurance Law in California

Ambiguous Policy Coverage - Recourse

Hello,

My question is as follows: Under my currant policy I have (2) vehicles, both are automobiles. I purchased another vehicle which was a motorcycle. My policy states It will cover any new vehicle I own for a period of (10) days. Upon further reading definition the policy states the defenitions for the word and description of vehicles in policy coverage. The definition changes vehicles covered on the policy to not include the motorcycle. Within a week of ownership I was run down by a company truck w/driver 100% at fault and left in a comma for the following week. - Upon reading my policy carfully, it would still reads as ''Any Vehicle'' and ''vehicle meanse (4) wheeled vehicle. This is an Ambiguous Policy Coverage Definition and written as such. I would like the policy read and interpeted for further understanding. Policy Posted here: www.tech-express.net/policy/policy.pdf


Asked on 11/21/05, 9:35 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Ambiguous Policy Coverage - Recourse

I'm sorry to hear about your experience and I hope you have fully recovered. Even so, what you ask in your post is too much.

What you are seeking is not mere guidance but rather an actual coverage opinion. Such a service is far beyond what this site offers. Besides, we lawyers make our living by charging for such services, not by providing them for free.

Without analyzing the policy language (which I have not read) I can offer you some general guidance. Ambiguities in the language of an insurance policy are normally resolved in the policyholder's favor. But the test of whether language is ambiguous is not merely whether the policyholder says it is. It is very common for insurance policies and other contracts to define terms they contain, and it sounds like that is what the insurer did here. Your argument is that "Any Vehicle" must include a motorcycle, but since the language defines "Vehicle" as having four wheels, "Any Vehicle" means "any four-wheeled vehicle" in the context of the policy. The only reason you think the language is ambiguous is that you had not read the definition before you were hurt. It thus sounds like your insurance does not cover this accident.

For a variety of reasons, I might very well reach a different conclusion were I to analyze the policy itself. More importantly, though, your insurance is not the only source of compensation available to you. You can sue the truck driver and the company for whom he was working. Hopefully they have insurance and/or deep enough pockets to compensate you directly. You should get a lawyer to evaluate your case and either negotiate with the company or sue it for you.

Good luck!

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Answered on 12/01/05, 5:45 pm


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