Kennedy v. Firemans Fund American Insurance Companies

Memorandum. Plaintiff seeks to recover medical expenses incurred as a result of injuries sustained while a passenger on a motorcycle. The accident took place when the driver of the motorcycle lost control of the vehicle and struck a curb. The defendant had issued to plaintiff an automobile liability policy which provided in relevant part for the payment of medical expenses if the injury was sustained while the insured was "occupying a non-owned automobile.” It is our opinion that the word "automobile” as used in the policy before us does not encompass within its meaning a motorcycle (see…