Legal Question in Insurance Law in California

My motorcycle was stolen 2 days after purchasing it. My auto insurance policy states they will cover a "private passenger auto" but denied my claim stating a motorcycle was not a "private passenger auto". They cite Websters dictionary whereas "a private passenger auto is a privately owned, self propelled, passenger vehicle USUALLY having four wheels". My contention is that my motorcycle was in fact a privately owned, self propelled, passenger vehicle (as it had a seat for a passenger) but this vehicle only had two wheels...all points fall with-in their own definition of a private passenger auto. There is an EXCLUSION for coverage for vehicles with fewer than four wheels, under the liability section, but there is no such exclusion under the comprehensive section which is the section I am hoping for coverage as it was a theft. Oddly enough, I've checked with 4 other major insurance companies and each company specifically excludes vehicles with fewer than four wheels under both the liability section as well as the comprehensive section. Shouldn't my ins. company cover the loss?


Asked on 3/15/10, 8:10 am

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

An insurance company is bound by what it writes in its policy, But make sure you read the entire policy, not just the coverages you mentioned. Case law appears to be to the contrary, but again it depends on the exact policy wording. You may want to contact an attorney to give you an opinion upon which you can rely instead of a summary "off the cuff" answer on a legal information cite, since you are discussing a few thousand dollars of property.

And if you financed the item, you might want to make a claim under the lender's blanket policy which is a method of getting your unpaid loan satisfied.

Good luck.

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Answered on 3/20/10, 9:29 am
Edward Hoffman Law Offices of Edward A. Hoffman

You need to look at the entire policy, not just the specific sections you've mentioned. There may be a "definitions" section which defines the term "private passenger auto", or at least "auto". If it does, then that is the definition that controls. Other definitions that you find elsewhere won't matter.

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Answered on 3/20/10, 6:36 pm


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