Mittelsteadt v. Bovee

Citations: 9 Wis. 2d 44; 100 N.W.2d 376; 74 A.L.R. 2d 1259; 1960 Wisc. LEXIS 277

Court: Wisconsin Supreme Court; January 5, 1960; Wisconsin; State Supreme Court

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The insurance policy from Allstate Insurance Company outlines coverage for bodily injury and property damage, specifically under Coverage A and Coverage B. Allstate agrees to pay damages for bodily injury and property damage arising from the ownership, maintenance, or use of both owned and nonowned automobiles. Key definitions within the policy include:

- **Owned Automobile**: Refers to the vehicle described in the policy, including replacement, additional, and temporary substitute automobiles.
- **Replacement Automobile**: A new private passenger or utility automobile that replaces the owned automobile.
- **Additional Automobile**: A new private passenger or utility automobile acquired during the policy term, with notice required within the specified timeframe.
- **Temporary Substitute Automobile**: Any automobile used temporarily in place of the owned automobile when it is out of normal use due to breakdown, repair, or loss.
- **Nonowned Automobile**: A vehicle not owned by the insured or their relatives, except when classified as a temporary substitute.
- **Private Passenger Automobile**: Includes passenger cars, station wagons, or jeep-type vehicles.
- **Utility Automobile**: Vehicles with a load capacity of 1,500 pounds or less, such as pickup trucks or panel trucks.
- **Trailer**: A trailer designed for use with a private passenger automobile, excluding business-related use with other types.

The policy’s applicability to the Triumph motorcycle at the time of an accident on July 28, 1957, hinges on the definition of "temporary substitute automobile." Statutory definitions clarify "motorcycle" as a motor-driven cycle not fitting the definitions of power-driven cycles or motor bicycles, while "motor-driven cycle" encompasses vehicles designed for three wheels and with a seat for the rider. An "automobile" is defined as a motor vehicle over 1,000 pounds primarily for transporting persons. Dictionary definitions reinforce that "automobile" refers to self-propelled street vehicles, typically four-wheeled and passenger-oriented, while automobile insurance protects against liabilities for personal injury, death, or property damage resulting from automobile operation.

If a term in an automobile insurance policy is not defined by relevant statutes or the policy itself, courts can interpret its meaning based on established standards. The rights of the insured and the insurer’s liabilities are determined by the intent of the parties as expressed in the policy, which should be understood in the context of the subject matter and purpose, using the ordinary meanings of terms. The term "automobile" is commonly understood to refer to a four-wheeled motor vehicle, while a motorcycle is recognized as a distinct two-wheeled vehicle under the statute "Words and Phrases." In the insurance contract, "automobile" is consistently used, with specific qualifying terms that do not include motorcycles. The Triumph motorcycle involved in an accident, on which Marjorie Mittelsteadt was injured, does not meet the policy's definition of "automobile" or qualify as a temporary substitute. Consequently, the trial court's judgment to dismiss Mittelsteadt's action against Allstate Insurance Company is upheld, and the court finds no error in this decision, making consideration of a related issue unnecessary. Judgment affirmed; Martin, C. J. abstained.