Green v. K & K Insurance

CIRILLO, President Judge,

concurring.

I concur in the result reached by the majority. I write separately to emphasize how the majority’s conclusion is mandated by the relevant sections of the Motor Vehicle *78Financial Responsibility Law (“MVFRL”), 75 Pa.C.S. § 1701 et seq.

Section 1711 of the MVFRL concerns required benefits and states in part:

An insurer issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title, except ... motorcycles ... shall include covérage providing a medical benefit in the amount of $10,000, and income loss benefit up to a monthly maximum of $1,000 up to a maximum benefit of $5,000 and a funeral benefit in the amount of $1,500 ... with respect to injury arising out of the maintenance or use of a motor vehicle____

75 Pa.C.S. § 1711 (emphasis added). This section clearly provides that insurers issuing policies covering motorcycles are not required to include in those policies the coverage discussed in section 1711.

Similar in its treatment of motorcycles is section 1712 of the MVFRL, which discusses the availability of benefits and provides in part:

An insurer issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title, except ... motorcycles ... shall make available for purchase first party benefits with respect to injury arising out of the maintenance or use of a motor vehicle as follows: ...

75 Pa.C.S. § 1712 (emphasis added). This section does not require insurers issuing policies covering motorcycles to make first party benefits available for purchase.1 Clearly, sections 1711 and 1712 evince a legislative intent to distinguish motorcycles from other motor vehicles for insurance purposes. However, the above sections must be read in conjunction with sections 1713 and 1714.

Section 1714 of the MVFRL concerns ineligible claimants and states:

*79An owner of a currently registered motor vehicle who does not have financial responsibility or an operator or occupant of a ... motorcycle, ... or like type vehicle required to be registered under this title cannot recover first party benefits.

75 Pa.C.S. § 1714 (emphasis added).

Pursuant to this section, an operator or occupant of a motorcycle cannot recover first party benefits.2 The plaintiff in this matter was not an operator or an occupant of a motorcycle when he sustained his injuries. Therefore, the plaintiff was not an ineligible claimant under section 1714 and may recover first party benefits in accordance with section 1713 which discusses a priority system for the source of benefits. The relevant portions of section 1713 provide:

(a) General Rule. — Except as provided in section 1714 (relating to ineligible claimants), a person who suffers injury arising out of the maintenance or use of a motor vehicle shall recover first party benefits against applicable insurance coverage in the following order of priority:
(4) For a person who is not the occupant of a motor vehicle, the policy on any motor vehicle involved in the accident____

75 Pa.C.S. § 1713(a)(4).

Since the plaintiff was not an ineligible claimant under section 1714, and since his injuries arose out of the use of a motor vehicle, he may recover first party benefits against the applicable insurance coverage. Here, the plaintiff was not an occupant of a motor vehicle, therefore, he will recover from the policy on the motor vehicle involved in the accident. 75 Pa.C.S. § 1713(a)(4).

Unlike sections 1711 and 1712, section 1713 does not exempt motorcycles from its provisions. It seems logical that by not specifically excluding motorcycles, as in sections *801711 and 1712, the legislature intended to include them. Further, the terms “motorcycle” and “motor vehicle” are not defined in the MVFRL, however, section 1991 of the Pennsylvania Rules of Statutory Construction provides that, unless otherwise indicated, terms shall have the meanings ascribed to them in this section. 1 Pa.C.S. § 1991. Motor vehicle is defined as: “[a]ny self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public highway ...” 1 Pa.C.S. § 1991. Accordingly, a motorcycle falls within the above definition of a motor vehicle and would therefore be subject to the provisions of section 1713.

Consequently, only occupants and operators of motorcycles, and the other vehicles designated in section 1714, are ineligible to claim first party benefits. A party not mentioned in section 1714, such as the plaintiff in the instant case, is an eligible claimant and may recover first party benefits from the appellant pursuant to section 1713(a)(4).

. First party benefits are medical benefits, income loss benefits, accidental death benefits and funeral benefits. 75 Pa.C.S. § 1702.

. It is clear that the minor plaintiff in the instant case was not an owner of a currently registered motor vehicle who does not have financial responsibility.