DeJarnette v. Federal Kemper Insurance

I agree with the majority that Maryland Code (1957, 1979 Repl.VoL, 1983 Cum.Supp.), Art. 48A, § 545(b), authorizes an insurer to exclude so-called personal injury protection coverage for injuries sustained by a passenger on a motorcycle. On the other hand, I believe that the Federal Kemper policy at issue in this case failed to do so. In my view the term “use of a motorcycle” in the policy provision, as applied to a passenger exercising no control over the vehicle, is ambiguous. The ambiguity should be resolved against Federal Kemper as the party which drafted the policy. I would, therefore,…