Lloyd v. Columbus Mutual Life Insurance
BERNICE LLOYD, Administratrix of LOUIS LLOYD, Deceased, v. COLUMBUS MUTUAL LIFE INSURANCE COMPANY
Opinion of the Court
BkogdeN, J.
Is a Ford one and a half ton truck, used principally for hauling milk, “a private automobile of the pleasure-car type ?”
The plaintiff insists that the words “private automobile of the pleasure-car type” is an ambiguous term requiring parol evidence as an aid to arriving at the sense and meaning of the words used. The Court does not concur in this view.
Anderson v. Ins. Co., 197 N. C., 72 ;
Grant v. Ins. Co., 197 N. C., 122 ;
Jolley v. Ins. Co., 199 N. C., 269 .
There is no material controversy between the parties with reference to the facts. Hence the question whether a Ford truck used principally for hauling milk is a “private automobile of the pleasure-car type,” becomes a bald proposition of law.
The motor vehicle statute of North Carolina recognizes the difference between automobiles and trucks. This difference appears from C. S., 2612, which levies license fees for motor vehicles. The license fee for an automobile is based upon horse power, and that on motor trucks is based upon carrying capacity or tonnage.
An automobile truck was defined in American-La France Fire Engine Co. v. Riordan, 6 Fed. (2d), 964. The Circuit Court for the Second *724 Circuit said: “An automobile truck is a vehicle for the conveyance for commercial purposes over ordinary roads, and the average type of that kind of vehicle is especially designed both in its propelling mechanism and in its body construction for that function.” Referring to a statute taxing motor trucks, the Supreme Court of Kansas in Filson v. Johnson, 222 Pac., 742 , said: “They are designed for and put to different uses, and the provision defining a motor truck in effect declares that the purpose or use of the vehicle shall determine the classification. If the owner rebuilds and converts an automobile originally designed and sold to be used as a pleasure car, into a motor truck, which he uses to transport commodities, goods and merchandise, produce, or freight, it is his intention and use that governs.”
The word “type” used in the policy implies the idea of classification.
Manifestly, the truck in which plaintiff’s intestate was riding at the time of his death was by intention, use and construction a commercial vehicle and so classified by the North Carolina statute. Consequently the coverage clause of the policy issued by the defendant did not, upon the evidence, include the accidental death of plaintiff’s intestate, and the ruling of the trial judge is upheld.
No error.
How later courts describe this case
Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.
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(stating that a "one and a half ton truck, used principally for hauling milk," is not a "private automobile of the pleasure car type")
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(term "private automobile of the pleasure car type" not ambiguous)
Cited by 19 cases
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- Harleysville Mutual Insurance v. Packer
- Aetna Casualty & Surety Co. v. Fields
- Harleysville Mutual Insurance Company Huron Insurance Company v. Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership H. David Swain, Individually and D/B/A Swain Associates Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the Foregoing, Harleysville Mutual Insurance Company Huron Insurance Company v. H. David Swain, Individually and D/B/A Swain Associates, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the Foregoing
- Ætna Life Ins. Co. of Hartford, Conn. v. Bidwell
- Marshall v. Washington National Insurance Company
- Pennell v. United Insurance
Most recent
- Harleysville Mutual Insurance Company Huron Insurance Company v. Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership H. David Swain, Individually and D/B/A Swain Associates Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the Foregoing, Harleysville Mutual Insurance Company Huron Insurance Company v. H. David Swain, Individually and D/B/A Swain Associates, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the Foregoing
- Harleysville Mutual Insurance v. Packer
- Aetna Casualty & Surety Co. v. Fields
- Brown v. Bankers Life & Casualty Co.
- Prudential Life Insurance Co. of America v. Boyce
- Laraway v. Heart of America Life Insurance Co.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.