7 Fla. L. Weekly Supp. 392a
Insurance — Automobile — Medpay — Where medpay section of policy defined term “vehicle” as a vehicle “covered under liability section” of policy, liability section clearly limited coverage to a vehicle listed on declarations page, trial court erred in ruling that policy provided medpay coverage for injuries to passenger on motorcycle which was not listed on policy’s declarations page
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CAROLE SKILES, Appellee. Circuit Court, 19th Judicial Circuit (Appellate) in and for St. Lucie County. Case No. 99-CA-000991. L.T. No. 98-2321-CC-09. Decision filed January 28, 2000. Appeal from County Court, St. Lucie County, James Midelis, Judge. Counsel: Brian P. Knight, Hollywood, for Appellant. John T. Kennedy, Stuart, for Appellee.
(WILD, Acting Circuit Judge.) The appellee’s insurance policy provided “medpay” coverage for damages resulting “while they operate or occupy a vehicle covered under the liability section” of the insurance policy. The appellee was injured while a passenger on the motorcycle of another person. The trial court granted summary judgment in favor of the appellee, finding that the definition of “vehicle” in the policy was ambiguous and should be interpreted to cover the motorcycle of another. Appellant appeals and asks that summary judgment be entered, instead, in their favor.
The interpretation of an insurance policy should consider the entire context of the policy. In the “medpay” section, the term vehicle is defined as a vehicle “covered under the liability section” of the insurance policy. The liability section of the policy clearly limits coverage to a vehicle listed on the declarations page. The declarations page does not list the motorcycle in question. Therefore, by the terms of the policy, the motorcycle is not covered.
The summary judgment entered by the trial court in favor of the appellee is reversed. The trial court is directed to enter a summary judgment in favor of the appellant.
REVERSED and REMANDED. (HAWLEY and KANAREK, JJ., concur.)
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