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PAUPST v. MCKENDRY (ET AL. (11/14/58)

November 14, 1958

PAUPST
v.
MCKENDRY (ET AL., APPELLANT).



Appeals, Nos. 298 and 299, Oct. T., 1958, from judgments of Court of Common Pleas No. 5 of Philadelphia County, June T., 1956, No. 7319, in case of Robert L. Paupst, a minor, et al. v. Oliver McKendry et al. Judgments reversed.

COUNSEL

Howard R. Detweiler, with him Ambler & Detweiler, for appellant.

Richard J. vanRoden, for appellees.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Ervin

[ 187 Pa. Super. Page 647]

OPINION BY ERVIN, J.

The sole question presented on this appeal is whether a motorcycle is a "newly acquired automobile" within the meaning of the term as used in the automobile insurance policy issued to the defendant.

State Farm Mutual Automobile Insurance Company, appellant, issued an automobile accident liability policy agreeing to insure the defendant against liability. At the time the policy was issued, defendant owned a 1950 Ford coupe, which vehicle was so described on the first page of the policy under the heading "Declarations." While said policy was still in effect defendant sold his 1950 Ford coupe and acquired a motorcycle. Six days later an accident occurred wherein minor plaintiff, who was riding as a passenger on the motorcycle owned and operated by the defendant, was injured. Plaintiffs obtained default judgments against the defendant for damages. The insurance company denied coverage on the ground that the policy afforded no protection against liability while defendant was operating a motorcycle. An attachment execution was issued against the company. The above question of law emerged from the interrogatories and answer.

Clause I (1) under "Insuring Agreements" of the automobile insurance policy issued by appellant to defendant provides in part as follows:

"I. Coverages.

Coverages A and B - (A) Bodily Injury Liability and (B) Property Damage Liability.

(1) To pay all damages which the insured shall become legally obligated to pay because of

(A) bodily injury sustained by other persons, and

(B) injury to or destruction of property of others, caused by accident arising out of ...


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