Northland Insurance Company v. West

Kelly, Justice.

The issue on this appeal is whether or not defendant is entitled to the coverage afforded by the uninsured motorist protection provision contained in an insurance policy carried on his automobile for injuries he sustained in an accident with an uninsured motor vehicle while riding on a motorcycle owned by him.

Plaintiff insurance company brought a declaratory judgment action to have this issue determined. The trial court rendered judgment for plaintiff. Defendant appeals from that judgment. We reverse.

The facts are not in dispute. Defendant, while driving a motorcycle owned by…