Burns v. State Farm Mutual Automobile Insurance Company

Harwell, Justice:

This case involves an insurance policy exclusion of additional personal injury protection (APIP) coverage to a person injured while on a motorcycle. We hold that such an exclusion is valid.

FACTUAL BACKGROUND

Appellant Mary Sue Burns is the natural mother and guardian ad litem of James William (“J. W.”) Burns. On January 8,1987, J. W. was injured in a motorcycle accident. J. W.’s motorcycle policy did not include APIP coverage. His mother, appellant Burns, had APIP coverage of $5000.00 through auto insurance with respondent State Farm Mutual Insurance Company. Appellant Burns…