Lewis v. Fidelity & Casualty Co. of New York

[161]

HERNDON, J.

This is an appeal from a judgment entered in favor of defendant in an action for declaratory relief by plaintiff. The sole issue sought to be determined in this action was whether or not an insurance policy issued by defendant on May 13, 1959, provided coverage in the event of accidents involving uninsured motorists. This type of coverage was entitled “Family Protection” in the policy and was subitem “J” in the list of risks covered running from “A” through “J.” Plaintiff is not the named insured, but was a passenger in a vehicle covered by the policy and driven by the named insured at the time of the accident. The parties agree that plaintiff would be entitled to recovery in this situation if the “Family Protection” coverage were operative.

The first page of the policy is divided into six “Items.” Item 1 sets forth the name and address of the insured; item 2 indicates the period of time covered; item 3 describes the coverage, the limits of liability and the premiums therefor; item 4 contains descriptions of the vehicles owned by the insured; item 5 names the loss payee; and item 6 indicates a place where the vehicles are garaged, the number thereof, and whether a trailer is owned by the insured.

Item 3 provides:

“The insurance afforded is only with respect to such of the following coverages as are indicated by specific premium charge or charges. The limit of the company’s liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.”

(Emphasis added.) Subitem A provides coverage for “Bodily Injury Liability” and the amounts of the coverage are stated in a column captioned “Limits of Liability.” In the column captioned “Premiums” the premiums for the two covered vehicles are stated. Similar insertions for both cars appear under subtitle B relating to coverage for “Property Damage Liability,” and under subitem C for “Medical Payments. ’ ’ In subitems D and E dealing with "Comprehensive” and “Collision,” limitations of liability are indicated under that heading; however, the premiums for the latter two items of coverage are stated only under the heading referring to car No. 2.

Under subitems F and G dealing with coverages for “Fire, Lightning and Transportation” and “Theft,” the following appears under limits of liability heading: “Inc. in D.” No further amounts appear in the column indicating the amounts of the premiums. Under subitems H, I, and J, dealing with