National Insurance Underwriters v. Lexington Flying Club, Inc.

WILHOIT, Judge,

dissenting.

I dissent from that portion of the majority opinion which holds that Exclusion C of the policy applies to a member of the household of a named insured. It is obvious to me from reading the entire policy the terms “the named insured” and “a named insured” are not used interchangeably to describe any named insured. For example, the policy is quite specific as to what is meant by the unqualified word “insured” whenever that term is used in Policy Part 1. The policy section defining “named insured” and “insured” also recognizes the difference between “a named insured” and “the named insured.”

Although I believe Exclusion C by its plain wording does not apply to a member of the household of a named insured, the exclusion is, at best, ambiguous and should be construed against the insurance company. I, frankly, am unable to follow the logic of the majority that interpreting the policy as it is written somehow interprets the exclusion to permit recovery by “the insured who is claiming coverage under the policy.”